Federal High Court Declares Sections of the ARCON Act 2022 Unconstitutional
On Friday, 7 November 2025, the Federal High Court, Lagos Division, delivered a landmark judgment in the case of Massilia Motors Limited v. Advertising Regulatory Council of Nigeria (ARCON), Suit No: FHC/L/CS/1044/2025.
Presided over by Honourable Justice Akintayo Aluko, the court’s decision marked a significant milestone, aligning with longstanding concerns raised by the Advertising Practitioners Council of Nigeria (ADVAN) regarding the constitutionality of certain provisions within the ARCON Act.
The court declared that the authority to regulate outdoor advertising and hoardings resides solely with Local Government Councils, as mandated by the Constitution. Consequently, ARCON’s attempts to extend control over outdoor advertising were deemed unlawful. The judgment also found that the requirement for prior approval from the Advertising Standards Panel was unconstitutional, and the Notice of Violation issued by ARCON to the plaintiff was beyond its legal powers and therefore invalid. Additionally, the criminal summons issued by the Advertising Offences Tribunal was declared unlawful and unconstitutional.
This ruling offers much-needed judicial clarity on the scope of ARCON’s regulatory powers, particularly concerning outdoor advertising and sanctions. It affirms the primacy of the 1999 Constitution in guiding regulatory authority and confirms that ARCON cannot impose approvals, fines, or enforcement actions related to outdoor media.
A summary of the judgment states that any section of the ARCON Act purportedly granting ARCON regulatory oversight over outdoor advertising and hoarding in Nigeria is unconstitutional and invalid.
Reacting to the ruling, Dr. Kolawole Mayomi of SPA Ajibade and Co., who represented Massilia Motors Ltd, commended the company’s courage in challenging the arbitrary provisions of the ARCON Act that sought to override constitutional rights. He also praised ADVAN’s consistent advocacy against the unconstitutional aspects of the legislation. He described the judgment as a significant reinforcement of industry efforts to uphold lawful and transparent regulatory practices within Nigeria’s marketing communication sector, calling it “a breath of fresh air” for the industry.
This development marks a pivotal moment for advertisers, agencies, brand custodians, and media owners. It delineates the boundaries of regulatory authority and underscores the importance of constitutional principles in the industry’s operations. For a long time, ADVAN has challenged certain provisions of the ARCON Act, which it argued were unconstitutional and illegal.
Another major concern for ADVAN has been the composition of the Advertising Offences Tribunal, established to adjudicate infractions. The Tribunal members are appointed on ARCON’s recommendation to the Minister for Information and National Orientation, raising fears of conflict of interest. Industry analysts have noted that sanctions tend to target brands and advertisers not aligned with ARCON’s interests, while advertising support agencies under ARCON’s direct purview appear to face fewer sanctions.
ADVAN remains optimistic that other sections of the ARCON Act, currently under legal review, will also be declared unconstitutional. Several ongoing litigations against ARCON are expected to reinforce this position.
The association reaffirmed its commitment to fostering a fair, constitutionally compliant, and growth-oriented regulatory environment for Nigeria’s marketing communications industry. It commended the judiciary for this clear interpretation of the law and urged all stakeholders to review the full judgment to ensure proper compliance moving forward.