Lagos — A Federal High Court has struck down the N60 billion penalty imposed by the Advertising Regulatory Council of Nigeria (ARCON) on Facebook Nigeria Operations Limited, ruling that the regulator overstepped its powers and breached the company’s constitutional right to fair hearing.
In a judgment delivered on June 18, 2026, Justice Yellim Bogoro declared ARCON’s Notice of Violation/Demand for Compliance, dated October 21, 2024, unconstitutional, unlawful, null and void.
The court also issued a perpetual injunction restraining ARCON, its officials, agents, and privies from taking any further steps to enforce the notice.
The case, with suit number FHC/L/CS/2205/2024, stemmed from ARCON’s allegation that Facebook Nigeria allowed unapproved advertisements on Facebook and Instagram to target Nigerian audiences, in violation of the ARCON Act, 2022, and the Nigerian Code of Advertising Practice.
ARCON had demanded that the company immediately halt the exposure of such ads and pay the N60 billion for what it described as repeated violations. The regulator maintained that Facebook Nigeria, as Meta Platforms Inc.’s local representative, should be held accountable for regulatory breaches on the platforms.
However, Facebook Nigeria, represented by Mofesomo Tayo-Oyetibo, SAN, countered that it is a distinct legal entity from Meta and neither owns nor operates the global platforms. The company argued that ARCON lacked the authority to unilaterally determine liability and impose such a hefty punitive sanction without due process. Justice Bogoro upheld these arguments.
The court ruled that ARCON failed to provide sufficient evidence linking Facebook Nigeria to the ownership, operation, or control of Facebook and Instagram. Mere assertions of representation, the judge said, were not enough to impose liability.
On the procedural front, the court held that ARCON violated Section 36 of the 1999 Constitution by accusing the company of breaches and simultaneously imposing a massive financial penalty without affording it an opportunity to respond. Justice Bogoro further noted that Section 57(4) of the ARCON Act explicitly requires fair hearing before any penalty can be imposed.
Crucially, the judge determined that the alleged violations under Section 34 of the ARCON Act constitute criminal offences, which can only attract punishment upon conviction by a court or competent tribunal. The N60 billion demand, regardless of how ARCON framed it, amounted to a fine that only a court of law could lawfully impose after full judicial proceedings.
Consequently, Justice Bogoro set aside the notice entirely and declared that ARCON has no statutory power to impose administrative fines for alleged criminal violations under the Act, including Sections 34(3) and 54.
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