A Federal High Court in Lagos has scheduled May 14 to rule on Facebook Nigeria’s challenge of ARCON’s N60 billion fine.
Justice Yelim Bogoro of the Federal High Court, Lagos, on Wednesday fixed May 14, 2026, to deliver judgment in the high-profile legal battle between Facebook Nigeria Operations Limited (FNOL) and the Advertising Regulatory Council of Nigeria (ARCON) over a disputed N60 billion fine.
Filed under FHC/L/CS/2205/2024, the suit challenges ARCON’s authority to summarily impose fines on FNOL for alleged breaches of the Advertising Regulatory Council of Nigeria Act 2022 (ARCON Act).
The dispute arose from a notice dated October 21, 2024, in which ARCON alleged that FNOL repeatedly displayed advertisements targeting the Nigerian market on Facebook and Instagram without prior approval from the Advertising Standards Panel.
ARCON subsequently imposed a N60 billion fine, citing violations of sections 34(3) and 54 of the ARCON Act.
FNOL, however, argued that it neither operates nor controls the platforms where the alleged violations occurred.
The company emphasised that Facebook and Instagram are owned and managed by Meta Platforms, Inc., a Delaware-registered company in the United States.
Through an originating summons, FNOL sought declaratory and injunctive relief to nullify ARCON’s notice and prevent similar fines in the future, asserting that imposing fines without a fair hearing violates both the Constitution of the Federal Republic of Nigeria and section 57(4) of the ARCON Act, which guarantees a fair hearing.
During on Wednesday’s proceedings, FNOL’s lead counsel, Mofesomo Tayo-Oyetibo, SAN, told the court that the Constitution guarantees a fair hearing, particularly when criminal allegations are involved.
He stressed that FNOL has never operated Facebook or Instagram in Nigeria and therefore could not have committed the alleged infractions.
He further argued that the ARCON Act does not authorize the Council to impose criminal sanctions, which are reserved exclusively for the courts.
In response, ARCON’s counsel, O.S. Kehinde, contended that FNOL’s suit was incompetent.
He argued that by filing the action, FNOL had implicitly accepted responsibility for the alleged violations and that the matter is inherently contentious, requiring a trial rather than resolution through an originating summons.
Justice Bogoro adjourned the case to May 14, 2026, for judgment.
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