The Lagos Division of the Federal High Court has issued an interim order of injunction to restrain the Advertising Regulatory Council of Nigeria (ARCON) from penalising Facebook and imposing a ₦60 billion fine on the social media app over alleged infractions.
This ruling represents a developing legal battle over Nigeria’s advertising rules and regulatory authority.
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ARCON’s allegations and Facebook’s defence
ARCON accused Facebook of placing unauthorised adverts that did not pass through the Advertising Standards Panel, an offence the council claimed was eroding cultural and moral standards.
But Facebook challenged the fine on grounds of its constitutionality and ARCON’s legal authority to issue a fine.
The social media platform represented by Mofesomo Tayo-Oyetibo (SAN) of Tayo Oyetibo law firm argued that ARCON lacked the right to impose any fine while a pending suit was still in court to determine its constitutionality.
“It would be vexatious and oppressive to the Applicant and unconscionable for the Defendant to initiate criminal proceedings against the Applicant based on the allegations and decisions made by the Defendant in the ARCON Notice, while the Applicant’s suit challenging the constitutionality and legality of the ARCON Notice is pending in this Court,” the defendants argued.
Facebook contended that the platform was denied a fair hearing to present its defence against ARCON’s accusations.
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Court’s ruling: relief for now, more to come
Having examined arguments ftom both parties, Justice Yellim Bogoro on December 12 ruled in favour of Facebook.
The court ordered an interim injunction that protects Facebook from paying the N60 billion fine until the suit challenging ARCON’s constitutionality and authority is determined.
“It is hereby ordered as follows: That an interim order of injunction is hereby made pending the determination of the motion on notice herein filed for interlocutory injunction restraining the defendant whether by itself or through its officers, agents, servants and any other person acting under its authority from enforcing or further enforcing in any manner whatsoever the notice of violation/demand for compliance dated 21 October 2024 issued by the defendant to the applicant,” Justice Bogoro said on December 12.
The court adjourned the case to February 20, 2025.
This case could further strengthen regulatory power over Nigeria’s digital advertising market as both sides prepare for other legal proceedings.