$50m legal tussle: Firm challenges ARCON Act sections on fair hearing

By Innocent Anaba

LAGOS— Realhouse Communications Limited, publisher of the popular Castles Lifestyle and Highbrow Living magazines, has dragged the Advertising Regulatory Council of Nigeria, ARCON, before the Federal High Court in Lagos in what is becoming a major legal challenge in the Nigerian media and advertising landscape

The company is seeking an order to enforce its fundamental human rights, arguing that certain provisions of the ARCON Act, 2022, infringe upon its right to a fair hearing and freedom of expression as guaranteed by the Nigerian Constitution.

The originating summons, filed by the Applicant’s counsel, focuses on Sections 37 and 54 of the ARCON Act, 2022, and seeks judicial pronouncements to declare them null and void.

The suit followed a series of violation notices and fines issued by ARCON to Realhouse Communications, as well as to its customers.

The crux of Realhouse Communications’ application lies in the contention that ARCON’s actions, particularly the imposition of fines without prior adjudication, constitute a denial of the fundamental right to a fair hearing.

It is asking the court to determine several pressing constitutional questions namely: Whether Sections 37 and 54 of the ARCON Act, 2022, violate the Applicant’s fundamental human rights to fair hearing (Section 36) and freedom of expression (Section 39) of the 1999 Constitution of the Federal Republic of Nigeria (CFRN), as amended; Whether the Applicant is bound by the provisions of Section 54 of the ARCON Act, 2022, when considered against the constitutional guarantee of freedom of expression (Section 39 CFRN, 1999).

ARCON has been given  five days from the service of the summons to enter an appearance in the suit.

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