The Federal High Court, Lagos Division has delivered what has been described as a landmark judgment in a case of Massilia Motors Limited versus the Advertising Regulatory Council of Nigeria (ARCON), Suit No: FHC/L/CS/1044/2025.
In the judgment delivered on Friday, 7 November 2025 by Honourable Justice Akintayo Aluko, the court issued a far-reaching decision that aligns with concerns the Advertisers Association of Nigeria, ADVAN on what it has consistently described as an unconstitutional provisions of the ARCON Act.
The declarations affirm that the authority to regulate outdoor advertising and hoardings lies exclusively with Local Government Councils under the Constitution, thereby rendering ARCON’s attempts to exert control in this area unlawful. The Court further held that the requirement for prior approval from the Advertising Standards Panel is unconstitutional, and that the Notice of Violation issued by ARCON to the plaintiff was beyond its legal powers and therefore invalid.
Furthermore, the criminal summons that was issued by the Advertising Offences Tribunal was also declared as unconstitutional and unlawful.
This ruling provides judicial clarity on the limits of ARCON’s regulatory mandate, particularly as it concerns outdoor advertising and the imposition of sanctions. It reinforces the supremacy of the 1999 Constitution in guiding regulatory authority and confirms that ARCON cannot impose approvals, fines, or enforcement actions relating to outdoor media.
A summary of the judgment is that any section of the ARCON Act which seeks to endow ARCON with any form of regulatory oversight over outdoor advertising and hoarding in Nigeria is unconstitutional and illegal.
In his comments on the judgment, reported in the media, the lead counsel who represented Massilia Motors Ltd, Dr. Kolawole Mayomi of the law firm of SPA Ajibade and Co., applauded Massilia Motors Ltd’s courage in challenging the arbitrary aspects of the ARCON Act that sought to ‘usurp’ the Nigerian Constitution. He also acknowledged and commended ADVAN’s longstanding advocacy against the unconstitutional aspects of the ARCON Act.
He described the judgment as a significant reinforcement of the advertising community’s efforts to uphold lawful and transparent regulatory practices within the marketing communications sector, as well as a breath of fresh air for the industry.
For years, ADVAN has advocated that various aspects of the ARCON Act and its administrative procedures, were unconstitutional and illegal.
Another major concern for ADVAN has been the composition of the Advertising Offences Tribunal that was created to adjudicate infractions. That the members of the Tribunal, were appointed on ARCON’s recommendation to the Minister for Information and National Orientation, which creates room for a clear conflict of interest.
In its own reaction, ADVAN says it is confident that other sections of the ARCON Act which are inconsistent with the Nigerian Constitution will soon be identified and set aside, as there are currently other litigations against ARCON pending in court.
It added that it remains committed to promoting a fair, constitutional, and growth-oriented regulatory environment for the marketing communications industry. The association commends the judiciary for this clear interpretation of the law and urges all stakeholders to familiarise themselves with the full judgment to ensure proper compliance moving forward.