A federal high court in Lagos has held that the regulation of outdoor advertising rests exclusively with LGAs, not the Advertising Regulatory Council of Nigeria (ARCON).
Delivering judgment in a suit marked FHC/L/CS/1044/2025,
Akintayo Aluko, the presiding judge, ruled that the constitution clearly
assigns control of outdoor advertising and hoardings to local government
councils.
Any attempt by ARCON to assume that role, he said, amounts
to an unlawful takeover of powers it does not possess.
The suit was filed by Massilia Motors Limited, which had challenged a notice of violation issued against it by ARCON and the subsequent criminal summons issued by the advertising offences tribunal.
In his judgment, Aluko declared both actions void, holding
that ARCON acted outside its constitutional remit.
The court also struck down the requirement that advertisers
must obtain prior approval from the Advertising Standards Panel (ASP) before
publishing any material, describing the provision as inconsistent with the
constitution and therefore invalid.
Reacting to the ruling, Kolawole Mayomi, counsel to Massilia
Motors, said the judgment reaffirmed the limits of ARCON’s regulatory powers
and vindicated his client’s stance.
He commended Massilia Motors for challenging what he called
the “arbitrary and unconstitutional” provisions of the ARCON Act, adding that
the decision brings clarity to the sector.
Mayomi also commended the Advertisers’ Association of
Nigeria (ADVAN) for its long-running advocacy on the issue, describing the
verdict as “a breath of fresh air” for lawful, transparent regulation within
Nigeria’s marketing communications industry.
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