A Federal High Court in Lagos has issued an interim order restraining the Advertising Regulatory Council of Nigeria (ARCON) or its agents from enforcing a N60 billion fine against Facebook Nigeria over alleged violations.
The presiding judge, Yellim Bogoro, granted the order in suit FHC/L/CS/2205/2024, following a motion ex-parte application filed on November 29, 2024, by Facebook’s counsel, Mofesomo Tayo-Oyetibo.
“I have reviewed the ex parte application, the reliefs sought, particularly the second relief, and the affidavit in support,” Judge Bogoro stated. “I find merit in the application. Accordingly, I grant the reliefs in part and issue this order.”
The court ordered an interim injunction, pending the determination of the motion on notice, restraining ARCON from enforcing its notice of violation and demand for compliance issued on October 21, 2024. Bogoro also noted, “The second relief sought is subsumed in the first relief.” The matter was adjourned to February 20, 2025, for further hearing.
Facebook sought two key reliefs:
- An interim injunction preventing ARCON or its agents from enforcing the notice of violation and demand for compliance.
- An interim order restraining ARCON from instituting criminal proceedings in the Advertising Offences Tribunal regarding the allegations or decisions outlined in the notice.
In its application, Facebook challenged the constitutionality of ARCON’s notice, citing a denial of fair hearing, its unlawfulness under the Advertising Regulatory Council of Nigeria Act 2022, and claiming ARCON acted beyond its legal authority.
Facebook argued that ARCON threatened criminal prosecution in the Advertising Offences Tribunal if the demands were not met. Despite issuing a statutory pre-action notice requesting ARCON to withdraw its enforcement threat, the agency did not comply.
Facebook further noted procedural concerns, such as the Advertising Offences Tribunal Practice Direction requiring cases to be concluded within 180 days and provisions of the Administration of Criminal Justice Act 2015 prohibiting a stay of proceedings in criminal matters. It also highlighted the potential bias in the tribunal, as ARCON appoints its prosecutors and members.
Facebook maintained that initiating criminal proceedings while its lawsuit challenging the legality of ARCON’s notice is pending would be vexatious and oppressive.
This case follows a July 2024 ruling by a Federal High Court in Abuja, which struck out a suit filed by ARCON against Meta Platforms Incorporated, the owners of Facebook, Instagram, and WhatsApp, over unapproved advertisements shown to the Nigerian audience in 2022.
