Godec Power vs. ARCON: Federal High Court Affirms ARCON’s Oversight Authority Over Outdoor Advertising, Others

The Federal High Court sitting in Lokoja has delivered a landmark ruling affirming the constitutional validity, scope, and enforceability of the Advertising Regulatory Council of Nigeria (ARCON) Act 2022. The judgment solidifies ARCON’s oversight authority over outdoor advertising and other advertising content across Nigeria.

On November 12, 2025, Hon. Justice Isa Dashen dismissed the case brought by Godec Power Nigeria Ltd, affirming ARCON’s constitutional powers to regulate advertising across all platforms within the federation, including outdoor signage.

On a different note, recall that on Friday, November 7, 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 declared that the authority to regulate outdoor advertising and hoardings resides solely with Local Government Councils, as mandated by the Constitution.

However, in the case of Godec Power Nigeria Ltd, the company challenged ARCON’s authority, arguing that regulation of outdoor signage should fall exclusively under the jurisdiction of local government councils, citing paragraph 1(k)(i) of the Fourth Schedule of Nigeria’s Constitution. The company also claimed that ARCON’s Notice of Violation, which mandated compliance with the ARCON Act 2022, infringed on its fundamental rights to freedom of expression. The plaintiff sought 13 reliefs, including a perpetual injunction to stop ARCON from enforcing the Act and ₦100 million in damages.

In his ruling, Justice Dashen dismissed all of Godec’s arguments. The court emphasized that advertising regulation is not merely a residual matter for local authorities but a legitimate function within the constitutional powers of the National Assembly when enacting the ARCON Act. The court also rejected the claim that the Act infringes on freedom of expression, stating that the pre-approval requirement is lawful and necessary to ensure that public communications adhere to standards of decency, truthfulness, and fairness. Justice Dashen noted, “The regulatory pre-approval requirement does not suppress expression; it ensures that all advertising conforms to lawful standards and is a legitimate exercise of state oversight.”

Furthermore, the court affirmed ARCON’s broad jurisdiction, rejecting the argument that regulation applies only to professional advertisers. Instead, the court clarified that the ARCON Act’s scope extends to “any and every person who engages in, regulates, sponsors, or benefits from advertising services.”

Justice Dashen also awarded costs of ₦500,000 each in favor of the Attorney-General of the Federation and ARCON, dismissing Godec Power Nigeria Ltd’s request for damages and injunctive relief.

This ruling confirms that ARCON’s authority to regulate advertising—including outdoor signage—is constitutionally sound and applies comprehensively across Nigeria’s advertising landscape.