Court Fixes 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 centers on a contested N60 billion fine imposed by ARCON for alleged breaches of advertising regulations.
Background of the Case and Key Arguments
The legal battle, marked as FHC/L/CS/2205/2024, challenges ARCON's authority to summarily impose fines under the ARCON Act of 2022. The dispute originated from a notice issued by ARCON on October 21, 2024, alleging that FNOL repeatedly displayed 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. In response, FNOL has maintained that it does not operate or control the platforms where the alleged violations occurred, asserting that Facebook and Instagram are owned and managed by Meta Platforms, Inc., a company registered in Delaware, United States.
Legal Proceedings and Arguments from Both Sides
Through an originating summons, FNOL approached the Federal High Court seeking declaratory and injunctive relief to nullify ARCON's notice and prevent similar fines in the future. FNOL argued that imposing fines without a fair hearing violates both the Nigerian Constitution and section 57(4) of the ARCON Act, which mandates a fair hearing for any alleged violator.
During the proceedings, FNOL's lead counsel, Mofesomo Tayo-Oyetibo (SAN), emphasized that the Constitution guarantees the company the right to a fair hearing, particularly in cases involving criminal allegations. He stressed 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 empower the Council to impose criminal sanctions, as such authority is reserved exclusively for the courts.
In defense, ARCON's counsel, O.S. Kehinde, contended that FNOL's suit was incompetent. He argued that by filing the action, FNOL had implicitly accepted responsibility for the alleged violations and that the matter was inherently contentious, requiring a full trial rather than summary adjudication via an originating summons.
Adjournment and Awaiting Judgment
Following the arguments from both sides, 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's digital landscape.
