Federal High Court declares sections of the ARCON Act 2022 unconstitutional
The Federal High Court, Lagos Division, has declared sections of the ARCON Act 2022 unconstitutional.
The court in a landmark judgment on Friday, 7 November 2025, made the ruling 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 issued a far-reaching decision that aligns with concerns ADVAN has consistently raised regarding unconstitutional provisions of the ARCON Act.
The declarations affirm that the authority to regulate outdoor advertising and hoardings lies exclusively with Local Government Councils under the Constitution, thereby rendering ARCON’s attempts to exert control in this area unlawful. The Court further held that the requirement for prior approval from the Advertising Standards Panel is unconstitutional, and that the Notice of Violation issued by ARCON to the plaintiff was beyond its legal powers and therefore invalid. Furthermore, the criminal summons that was issued by the Advertising Offences Tribunal was also declared as unconstitutional and unlawful.
This ruling provides long-awaited judicial clarity on the limits of ARCON’s regulatory mandate, particularly as it concerns outdoor advertising and the imposition of sanctions. It reinforces the supremacy of the 1999 Constitution in guiding regulatory authority and confirms that ARCON cannot impose approvals, fines, or enforcement actions relating to outdoor media.
A summary of the judgment is that any section of the ARCON Act which seeks to endow ARCON with any form of regulatory oversight over outdoor advertising and hoarding in Nigeria is unconstitutional and illegal.
In his comments on the judgment, the lead counsel who represented Massilia Motors Ltd, Dr. Kolawole Mayomi of the law firm of SPA Ajibade and Co., applauded Massilia Motors Ltd’s courage in challenging the arbitrary aspects of the ARCON Act that sought to usurp the Nigerian Constitution. He also acknowledged and commended ADVAN’s longstanding advocacy against the unconstitutional aspects of the ARCON Act. He described the judgment as a significant reinforcement of the advertising community’s efforts to uphold lawful and transparent regulatory practices within the marketing communications sector, as well as a breath of fresh air for the industry.
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