Facebook vs ARCON: Court sets May 14 for judgment

By Innocent Anaba

LAGOS — JUSTICE Yelim Bogoro of a Federal High Court sitting in Lagos, yesterday, adjourned till May 14, 2026, for judgment in the legal battle between Facebook Nigeria Operations Limited, FNOL, and the Advertising Regulatory Council of Nigeria, ARCON, over a disputed N60 billion fine.

FNOL is challenging ARCON’s authority to summarily impose fines for alleged breaches of the Advertising Regulatory Council of Nigeria Act 2022 (ARCON Act).

The dispute arose from a notice dated October 21, 2024, in which ARCON alleged that FNOL had repeatedly displayed advertisements targeting the Nigerian market on Facebook and Instagram without prior approval from the Advertising Standards Panel.

ARCON subsequently imposed the N60 billion fine, claiming FNOL had violated sections 34(3) and 54 of the ARCON Act.

FNOL maintained that it neither operates nor controls the platforms where the alleged violations occurred, asserting that Facebook and Instagram are owned and managed by Meta Platforms, Inc., a company registered in Delaware, United States.

FNOL, in the suit, is seeking declaratory and injunctive relief to nullify ARCON’s notice and prevent the issuance of similar fines in the future.

At yesterday’s proceedings, FNOL’s lead counsel, Mofesomo Tayo-Oyetibo, SAN, told the court that the Constitution guarantees the company the right to a fair hearing, especially when criminal allegations are involved.

In response, ARCON’s counsel, O. Kehinde, contended that FNOL’s suit was incompetent.

He argued that by filing the action, FNOL had implicitly accepted responsibility for the alleged violations and that the matter was inherently contentious, requiring a trial rather than summary adjudication via an originating summons.

Justice Bogoro adjourned till May 14, 2026, for judgment.

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