A Federal High Court in Lagos has set May 14, 2026, as the date for delivering a judgment in the legal dispute involving Facebook Nigeria Operations Limited (FNOL) and the Advertising Regulatory Council of Nigeria (ARCON) concerning a contested N60 billion fine.
The court case, referenced as FHC/L/CS/2205/2024, questions ARCON’s power to impose fines on FNOL for supposed contraventions of the Advertising Regulatory Council of Nigeria Act 2022 (ARCON Act).
The contention stems from a notice issued on October 21, 2024, alleging that FNOL had run advertisements aimed at the Nigerian audience on Facebook and Instagram without the mandated approval from the Advertising Standards Panel.
In response, ARCON levied a fine of N60 billion, citing breaches of sections 34(3) and 54 of the ARCON Act.
FNOL has contested this, asserting that it does not operate or oversee the platforms involved in the alleged violations.
The company clarified that the ownership and management of Facebook and Instagram fall under Meta Platforms, Inc., a company registered in Delaware, USA.
Through an originating summons, FNOL has sought a court order to invalidate ARCON’s notification and to prohibit similar penalties in the future, claiming that levying fines without due process violates the Constitution of the Federal Republic of Nigeria and section 57(4) of the ARCON Act, which ensures the right to a fair hearing.
During today's hearing, FNOL’s lead counsel, Mofesomo Tayo-Oyetibo, SAN, stated that the Constitution mandates a fair hearing, especially in cases involving allegations of a criminal nature.
He asserted that FNOL has never operated Facebook or Instagram within Nigeria, thus could not be liable for the alleged breaches.
Tayo-Oyetibo further contended that the ARCON Act does not empower the Council to impose criminal penalties, which are solely the jurisdiction of the courts.
Conversely, ARCON's lawyer, O.S. Kehinde, argued that FNOL's lawsuit was flawed.
He claimed that by initiating the legal action, FNOL implicitly acknowledged responsibility for the alleged infringements, insisting that the matter involves significant legal disputes that necessitate a full trial instead of resolution via an originating summons.
Justice Yelim Bogoro adjourned the proceedings until May 14, 2026, for ruling.
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