The Federal High Court in Lagos has nullified the ₦60 billion sanction imposed on Facebook Nigeria by the Advertising Regulatory Council of Nigeria (ARCON), ruling that the regulator acted outside its statutory powers.
Justice Yellim Bogoro, in a judgment delivered on June 18, 2026, declared ARCON’s notice of violation and demand for compliance dated October 21, 2024, unconstitutional, unlawful and void.
ARCON had accused Facebook Nigeria of displaying advertisements to Nigerian audiences on Facebook and Instagram without prior approval from the Advertising Standards Panel, contrary to the ARCON Act and the Nigerian Code of Advertising Practice. The regulator ordered the company to stop the adverts and demanded a ₦60 billion penalty.
Facebook Nigeria challenged the decision, arguing that ARCON lacked the legal authority to impose punitive sanctions through an administrative process. It also maintained that Facebook and Instagram are owned and operated by Meta Platforms Inc., not Facebook Nigeria.
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ARCON, however, argued that Facebook Nigeria represents Meta’s operations in Nigeria and should be held responsible for regulatory breaches involving advertisements targeted at the local market.
In his ruling, Justice Bogoro held that Facebook Nigeria and Meta Platforms Inc. are separate legal entities and that ARCON failed to prove the Nigerian company owns, controls or operates either platform.
The court further held that ARCON breached Facebook Nigeria’s constitutional right to fair hearing by imposing a financial penalty without first allowing the company to respond.
Justice Bogoro also ruled that the alleged violations are criminal in nature under the ARCON Act and can only attract sanctions after conviction by a court of competent jurisdiction. He held that the ₦60 billion demand was punitive and beyond ARCON’s administrative powers.
The court consequently set aside the October 21, 2024 notice and issued a perpetual injunction restraining ARCON, its officers and agents from enforcing the ₦60 billion penalty against Facebook Nigeria.