Court Rules LGAs Hold Exclusive Power Over Outdoor Advertising, Not ARCON
The Federal High Court sitting in Lagos has ruled that the constitutional authority to regulate outdoor advertising lies exclusively with Local Government Councils, and not with the Advertising Regulatory Council of Nigeria (ARCON).
In a judgment delivered in suit FHC/L/CS/1044/2025, Justice Akintayo Aluko held that the Constitution expressly vests control of outdoor advertising and hoardings in the Local Government tier. Any attempt by ARCON to exercise such powers, the court declared, amounts to an unconstitutional usurpation.
The case was instituted by Massilia Motors Limited, which challenged a violation notice issued by ARCON and a subsequent criminal summons from the Advertising Offences Tribunal. Justice Aluko nullified both actions, holding that ARCON acted ultra vires its statutory mandate.
Significantly, the court also invalidated the requirement that advertisers must obtain prior clearance from the Advertising Standards Panel (ASP) before publishing materials. The judge described this provision as inconsistent with the Constitution and therefore void.
Reacting to the decision, Kolawole Mayomi, counsel to Massilia Motors, stated that the ruling reinforces the constitutional limits of ARCON’s powers and vindicates his client’s position. He commended Massilia Motors for challenging what he termed “arbitrary and unconstitutional provisions” of the ARCON Act, noting that the judgment provides much‑needed clarity for stakeholders in the advertising sector.
Mayomi further applauded the Advertisers’ Association of Nigeria (ADVAN) for its sustained advocacy on the matter, describing the verdict as “a breath of fresh air” for lawful and transparent regulation within Nigeria’s marketing communications industry.
