A federal high court in Lagos has issued an interim order preventing the Advertising Regulatory Council of Nigeria (ARCON) from enforcing a N60 billion fine against Facebook Nigeria over alleged regulatory violations.
The presiding judge, Yellim Bogoro, granted the order on Thursday in response to a motion filed by Facebook’s legal counsel, Mofesomo Tayo-Oyetibo. The order halts any enforcement of ARCON’s October 21, 2024, notice of violation and demand for compliance until the court decides on Facebook’s request for an interlocutory injunction.
In his ruling, Justice Bogoro noted the merit in Facebook’s application, adding that the second relief sought by Facebook was encompassed in the first. He adjourned the matter to February 20, 2025, for further hearing.
Facebook had challenged the legality of ARCON’s notice, which included the N60 billion fine and threats of criminal prosecution in the Advertising Offences Tribunal. The tech giant argued that ARCON’s actions violated its right to fair hearing and exceeded the council’s legal powers under the Advertising Regulatory Council of Nigeria Act 2022.
The company further alleged that ARCON’s tribunal lacked impartiality, as the council appoints its prosecutors and recommends members of the tribunal. Facebook also described the threat of criminal prosecution as “vexatious and oppressive.”
This case follows an earlier legal battle in July, when a federal high court in Abuja dismissed a separate suit by ARCON against Meta Platforms, the parent company of Facebook, Instagram, and WhatsApp, over unapproved advertisements shown to Nigerian audiences.
The Lagos court’s interim order provides temporary relief for Facebook as it challenges the constitutionality and legality of ARCON’s actions.