Federal High Court sitting in Lokoja has issued a landmark judgment affirming the constitutional validity, scope, and enforceability of the Advertising Regulatory Council of Nigeria (ARCON) Act 2022, over the outdoor advertising in Nigeria.

The judgment, delivered by Justice Isa Dashen, dismissed the suit filed by Godec Power Nigeria and upheld ARCON’s powers over advertising content on all platforms and targeted at the Nigerian market.

The ruling comes few days after a separate Federal High Court in Lagos reached a different conclusion in Massilia Motors v. ARCON case.

Godec approached the court seeking declarations that ARCON lacked powers to regulate or have oversight function on outdoor signage, arguing that these matters fall within the control of councils under paragraph 1(k)(i) of the Fourth Schedule to the Constitution.

Godec also argued that ARCON’s Notice of Violation which directed the company to comply with ARCON Act 2022, infringed on its rights to freedom of expression. The plaintiff sought 13 reliefs, including a perpetual injunction restraining ARCON from enforcing the Act; and N100 million in general damages.

The court in Lokoja rejected plaintiffs arguments, noting that advertising regulation is not exclusively a residual matter, and that National Assembly acted in its legitimate constitutional authority when it enacted the ARCON Act 2022.

The court also dismissed the plaintiff’s freedom-of-expression claim. Justice Dashen held that the ARCON Act’s pre-approval requirement is a lawful regulatory measure: “The regulatory pre-approval requirement does not suppress expression; it ensures that public communications conform to lawful standards of decency, truthfulness and fairness… Such regulation is a legitimate incident of state oversight.”

Justice Dashen was unequivocal that the plaintiff failed to prove any of its 13 reliefs and dismissed the suit. It also awarded ₦500,000 costs in favour of each defendant, the Attorney-General of the Federation and ARCON.

In rejecting the plaintiff’s argument that ARCON’s powers apply only to professional advertisers, the Court also affirmed the broad applicability of the Act. It accepted ARCON’s position that advertising regulation applies to “any and every person who engages in, regulates, sponsors or takes benefit of advertising services.” (The Nation)

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