Federal High Court upholds ARCON’s powers over advertising in Nigeria

By Bianca Iboma-Emefu

The Advertising Regulatory Council of Nigeria (ARCON) scored a decisive legal victory as the Federal High Court in Lokoja issued a landmark judgment affirming the full constitutional validity and expansive authority of the ARCON Act 2022, to regulate outdoor advertising nationwide.

In the judgment delivered on November 12, 2025, Justice Isa Dashen dismissed in its entirety a suit by Godec Power Nigeria Ltd, firmly upholding ARCON’s power to regulate advertising content across all platforms targeted at the Nigerian market.

The ruling reinforced that ARCON’s mandate extends far beyond professional practitioners, covering “any and every person who engages in, regulates, sponsors or takes benefit of advertising services.”

The decision comes just days after a separate Federal High Court in Lagos similarly affirmed the constitutionality of the ARCON Act in Massilia Motors v. ARCON, further consolidating the regulator’s legal standing amid industry-wide debates.

Godec Power had argued that outdoor signage falls exclusively under local governments’ authority as provided in the Fourth Schedule of the Constitution, and that ARCON’s regulatory notices infringed on its freedom of expression. The company sought 13 reliefs, including ₦100 million in damages and a perpetual injunction restraining ARCON from enforcement.

But the Lokoja court rejected every argument raised. Justice Dashen held that advertising regulation is not a purely residual matter and that the National Assembly acted within its constitutional powers in enacting the ARCON Act. Addressing the freedom-of-expression claim, the Court ruled that ARCON’s pre-approval requirements are lawful and do not suppress expression but ensure truthfulness, decency and fairness in public communication — a legitimate function of government oversight.

The court dismissed all reliefs sought by Godec Power and awarded ₦500,000 costs each to ARCON and the Attorney-General of the Federation.

The ruling strengthens ARCON’s hand in enforcing advertising standards across Nigeria’s rapidly evolving media and marketing landscape, particularly in the contentious outdoor advertising sector where questions of jurisdiction have frequently arise.