Federal High Court Reaffirms ARCON’s Authority Yet Again As Watercress Hotel’s Injunction Bid Fails

A Federal High Court sitting in Lagos has once again reaffirmed the constitutional validity and regulatory authority of the Advertising Regulatory Council of Nigeria (ARCON), dealing a preliminary setback to Watercress Hotel International Limited in Suit No. FHC/L/CS/12/26, presided over by Hon. Justice Akintayo Aluko.

In its ruling delivered on earlier in June on the Plaintiff’s application for an interlocutory injunction, the Court relied on a growing body of judicial decisions that have consistently upheld ARCON’s mandate. Notably, it cited the April 2025 judgment in Digi Bay Limited (trading as Betway Nigeria) v. ARCON, where the Court had confirmed ARCON’s power to regulate digital and social media advertising including Instagram, directed at the Nigerian public, and the November 2025 decision in Godec Power Nigeria Ltd. v. ARCON, which similarly affirmed the validity of the ARCON Act, 2022.

Building on those precedents, the Court in this case went further, rejecting the Plaintiff’s argument that content published on a “private” social media page is automatically exempt from ARCON’s regulatory reach. The Court held that the determining factor is not the platform used, but the nature and purpose of the communication. This ruling, according to experts narrows the scope of any “private platform” defence in future regulatory disputes.

The Court additionally found that the Plaintiff failed to place sufficient and credible evidence before it to establish the existence and particulars of the alleged bench warrant it sought to restrain, leaving the application without an evidential foundation.

All reliefs sought in the interlocutory application were accordingly refused. It bears emphasis that this is a preliminary ruling, not a final judgment as the substantive questions raised by the Plaintiff remain to be fully argued and determined. The Court has granted an accelerated hearing of the substantive suit and adjourned the matter to 26 October 2026, directing all parties to file and serve pending applications within prescribed timelines to ensure expeditious resolution.