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By Ugochukwu Ibezim
The Federal High Court in Lagos has dismissed an application for an interlocutory injunction filed by Watercress Hotel International Limited and Samuel Ayinde, thereby dealing another major victory to the Advertising Regulatory Council of Nigeria (ARCON).
In a ruling delivered by Hon. Justice Akintayo Aluko in Suit No. FHC/L/CS/12/26, the court rejected the plaintiffs’ request to stop ARCON and its agents from taking any regulatory or enforcement actions against Watercress pending the hearing of the substantive suit.
The plaintiffs had argued that their social media activities were private and constituted an exercise of their constitutional right to freedom of expression, placing them outside ARCON’s regulatory purview. They also sought to restrain ARCON over an alleged bench warrant.
Justice Aluko dismissed these claims, holding that the key factor is not the platform of publication but the nature and purpose of the communication. The court ruled that Watercress failed to provide sufficient credible evidence regarding the alleged bench warrant, rendering the application legally and evidentially deficient.
All reliefs sought in the interlocutory application were refused.
This marks the third time in recent months that the Federal High Court has upheld ARCON’s regulatory authority. In April 2025, the court ruled in favour of ARCON in “Digi Bay Limited (trading as Betway Nigeria) v. ARCON” affirming the Council’s power to regulate digital and social media advertising targeted at Nigerians, including Instagram content. In November 2025, another Federal High Court judgment in Godec Power Nigeria Ltd. v. ARCON again validated the ARCON Act, 2022 and the Council’s oversight of advertising communications directed at the Nigerian market.
The latest ruling reinforces the growing judicial consensus that ARCON’s mandate remains constitutionally sound and applicable across platforms when the content constitutes advertising or marketing communications aimed at the Nigerian public.
The court has adjourned the matter to 26 October 2026 for accelerated hearing of the substantive suit. Parties have been directed to file and exchange all outstanding processes within the stipulated timelines.
This remains an interlocutory ruling. The substantive issues raised by Watercress Hotel International Limited are yet to be finally determined by the court.
