Ogra says Facebook Judgment Strengthens Nigeria’s Regulatory Certainty, Protects Consumers
The Senior Special Assistant to the President on Digital Communications, Engagement and New Media Strategy, O’Tega Ogra, has said the recent Federal High Court judgment involving Facebook Nigeria and the Advertising Regulatory Council of Nigeria (ARCON) strengthens the rule of law and promotes a more stable regulatory environment, rather than weakening consumer protection.
In an article published recently titled “The Facebook Nigeria Judgment Is Not a Defeat for Consumers. It Is a Victory for the Rule of Law,” Ogra said the court’s decision makes it clear that government agencies must act within the powers granted to them by law.
He explained that the case was not about whether consumers deserve protection, but whether ARCON had the legal authority to impose the sanctions it issued.
“The issue before the court was never whether consumers should be protected. It was whether the right institution was exercising the right powers in the right way,” he said.
According to Ogra, ARCON is responsible for regulating advertising, marketing communications and related content, while the Federal Competition and Consumer Protection Commission has the broader responsibility of protecting consumers across different sectors.
He said the court’s decision to cancel ARCON’s ₦60 billion administrative fine reaffirmed that penalties must only be imposed through the proper legal process and within the limits of the law.
Ogra also rejected suggestions that the judgment places multinational technology companies above Nigerian laws. He explained that the court only ruled that ARCON failed to establish a legal basis for holding Facebook Nigeria Operations Limited liable for the actions of its parent company, Meta Platforms Inc.
“The court did not pronounce that Meta, Facebook or any multinational technology company is beyond Nigerian law,” he said, adding that courts make decisions based on the evidence presented before them rather than assumptions about corporate relationships.
He warned that allowing regulators to exceed their legal powers, even with good intentions, could create uncertainty for businesses, discourage investment and cause confusion over the responsibilities of different government agencies.
Ogra noted that Nigeria’s regulatory system functions best when each institution focuses on its assigned role. He cited the Central Bank of Nigeria, the Nigerian Communications Commission, the Nigeria Data Protection Commission, the Standards Organisation of Nigeria and the National Agency for Food and Drug Administration and Control as examples of agencies with clearly defined responsibilities.
He added that where there are shortcomings in laws regulating digital platforms or foreign technology companies, the solution should come through legislative amendments rather than regulators acting beyond their legal authority.
Ogra also linked the ruling to the Tinubu administration’s efforts to strengthen public institutions, saying regulators have been allowed to perform their duties independently while the courts continue to exercise their constitutional role without interference.
“Regulators have been allowed to regulate. Courts have been allowed to adjudicate,” he said, noting that the approach helps strengthen public institutions and boosts investor confidence.
He further urged regulators, advertisers and digital platforms to work together to reduce disputes and improve regulatory certainty. He also called on the Association of Advertisers in Nigeria to encourage greater collaboration across the advertising industry, saying constant legal battles do not benefit any sector.
According to him, the judgment provides an opportunity to clearly define the responsibilities of regulatory agencies, improve cooperation among institutions and strengthen confidence in Nigeria’s legal and regulatory system.
