The federal high court in Lokoja has upheld the constitutional validity and scope of the Advertising Regulatory Council of Nigeria (ARCON) Act 2022, affirming body’s authority over outdoor advertising across Nigeria.
Delivering the judgment on November 12, 2025, Isa Dashen,
the presiding judge, dismissed the suit filed by Godec Power Nigeria Ltd in its
entirety, ruling in favour of ARCON’s regulatory powers over advertising
content on all platforms targeting the Nigerian market.
Godec Power had challenged ARCON’s authority, arguing that
regulation of outdoor signage falls exclusively under the jurisdiction of local
government councils as stipulated in paragraph 1(k)(i) of the fourth schedule
to the constitution.
The company also contended that ARCON’s notice of violation
infringed on its fundamental right to freedom of expression.
The company sought 13 reliefs, including a perpetual
injunction restraining ARCON from enforcing the act and N100 million in general
damages.
The judge rejected all claims, stating that advertising
regulation is not solely a residual matter and that the national assembly acted
within its constitutional powers when enacting the ARCON Act.
The court also dismissed the freedom of expression argument,
describing the act’s pre-approval requirement as a lawful regulatory measure
designed to ensure public communications meet standards of decency,
truthfulness, and fairness.
“The regulatory pre-approval requirement does not suppress
expression; it merely ensures that public communications conform to lawful
standards of decency, truthfulness and fairness… Such regulation is a
legitimate incident of state oversight,” the judge held.
The court further affirmed that ARCON’s regulatory reach
extends beyond professional advertisers to include “any and every person who
engages in, regulates, sponsors or takes benefit of advertising services”.
Dashen awarded N500,000 in costs to each defendant — the
attorney-general of the federation and ARCON.
This ruling follows a recent federal high court decision in
Lagos that also affirmed the constitutionality of the ARCON Act, signalling
judicial support for the regulatory framework governing advertising in Nigeria.
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