Court Schedules May 14 for Judgment in N60 Billion Facebook and ARCON Legal Battle
A Federal High Court in Lagos has officially set May 14, 2026, as the date for delivering judgment in the high-profile legal dispute between Facebook Nigeria Operations Limited (FNOL) and the Advertising Regulatory Council of Nigeria (ARCON). The case, marked FHC/L/CS/2205/2024, centers on a contested N60 billion fine imposed by ARCON for alleged breaches of advertising regulations.
Origins of the Dispute and Legal Arguments
The conflict originated from a notice issued by ARCON on October 21, 2024, which accused FNOL of repeatedly displaying advertisements targeting the Nigerian market on Facebook and Instagram without prior approval from the Advertising Standards Panel. ARCON subsequently levied the N60 billion fine, citing violations of Sections 34(3) and 54 of the ARCON Act, 2022.
In response, FNOL filed an originating summons with the Federal High Court, seeking declaratory and injunctive relief to nullify ARCON's notice and prevent similar fines in the future. The company argued that it does not operate or control Facebook and Instagram, as these platforms are owned and managed by Meta Platforms, Inc., a Delaware-registered entity. FNOL maintained that imposing fines without a fair hearing violates both the Nigerian Constitution and Section 57(4) of the ARCON Act, which mandates due process for alleged violators.
Court Proceedings and Key Submissions
During the recent court proceedings, FNOL's lead counsel, Mofesomo Tayo-Oyetibo (SAN), emphasized that the Constitution guarantees the right to a fair hearing, particularly in cases involving criminal allegations. He asserted that FNOL has never operated Facebook or Instagram in Nigeria and therefore could not have committed the alleged infractions. Additionally, he argued that the ARCON Act does not grant the Council authority to impose criminal sanctions, a power reserved exclusively for the courts.
In rebuttal, ARCON's counsel, O.S. Kehinde, contended that FNOL's suit was incompetent. He argued that by initiating the legal action, FNOL had implicitly accepted responsibility for the alleged violations and that the matter required a full trial rather than summary adjudication via an originating summons, as it involves contentious issues.
Adjournment and Anticipated Judgment
Following these arguments, Justice Yelim Bogoro adjourned the case to May 14, 2026, for judgment. This decision marks a critical juncture in the ongoing legal tussle, which has significant implications for advertising regulations and corporate accountability in Nigeria. The outcome could set a precedent for how regulatory bodies enforce fines and handle disputes with multinational technology companies operating in the country.
The case highlights broader debates about regulatory authority, fair hearing rights, and the jurisdictional reach of Nigerian laws over global digital platforms. Stakeholders in the advertising and tech industries are closely monitoring the proceedings, as the judgment may influence future interactions between regulators and international firms.
