Federal High Court Reserves Judgment in Facebook Nigeria vs ARCON ₦60bn Fine Dispute
Justice Yelim Bogoro of the Federal High Court, Lagos, has adjourned to May 14, 2026 for judgment in the high‑profile suit between Facebook Nigeria Operations Limited (FNOL) and the Advertising Regulatory Council of Nigeria (ARCON) over a disputed ₦60 billion fine.
The matter, filed as FHC/L/CS/2205/2024, challenges ARCON’s authority to summarily impose fines under the Advertising Regulatory Council of Nigeria Act 2022 (ARCON Act). The dispute stems from ARCON’s notice of October 21, 2024, alleging that FNOL repeatedly published advertisements targeting Nigerian audiences on Facebook and Instagram without prior approval from the Advertising Standards Panel, contrary to sections 34(3) and 54 of the Act.
FNOL, through originating summons, seeks declaratory and injunctive reliefs nullifying ARCON’s notice. The company argues that it neither operates nor controls Facebook or Instagram, which are owned by Meta Platforms, Inc. in the United States. It contends that the imposition of fines without a fair hearing violates the 1999 Constitution and section 57(4) of the ARCON Act.
Lead counsel for FNOL, Mofesomo Tayo‑Oyetibo, SAN, submitted that the Constitution guarantees fair hearing, particularly where criminal allegations are raised, and stressed that ARCON lacks statutory authority to impose criminal sanctions.
In response, ARCON’s counsel, O.S. Kehinde, argued that FNOL’s suit is incompetent, asserting that by filing the action FNOL has effectively admitted responsibility for the alleged infractions. He maintained that the matter is contentious and ought to proceed by trial rather than originating summons.
Justice Bogoro, after hearing arguments, adjourned the case to May 14, 2026 for judgment.
