…Validates ADVAN’s long-held position on Outdoor Advertising regulation

By Efe Onodjae

The Federal High Court sitting in Lagos has delivered a landmark judgment declaring several sections of the Advertising Regulatory Council of Nigeria (ARCON) Act 2022 unconstitutional, in a ruling widely seen as a major victory for the Advertisers Association of Nigeria (ADVAN).

The judgment, delivered on Friday, November 7, 2025, by Justice Akintayo Aluko in the suit Massilia Motors Limited vs. ARCON (FHC/L/CS/1044/2025), directly addresses issues ADVAN has repeatedly raised about the Act’s overreach and its conflict with the 1999 Constitution.

Justice Aluko held that the power to regulate outdoor advertising and hoardings rests solely with Local Government Councils as provided by the Constitution. The court ruled that ARCON’s attempt to control that space was illegal and amounted to usurpation of constitutional duties.

The court also struck down the requirement for prior approval from the Advertising Standards Panel (ASP), describing it as unconstitutional. Additionally, the Notice of Violation issued by ARCON to Massilia Motors was declared invalid, while the criminal summons issued by the Advertising Offences Tribunal was pronounced unlawful.

According to the judgment, any section of the ARCON Act that attempts to confer regulatory oversight on ARCON over outdoor advertising and hoarding is null and void.

Reacting to the ruling, lead counsel to Massilia Motors, Dr. Kolawole Mayomi of SPA Ajibade & Co., hailed the court’s decision, commending his client’s resolve in challenging what he described as the arbitrary and unconstitutional elements of the ARCON Act. He also applauded ADVAN for its long-standing advocacy on the matter, describing the judgment as “a breath of fresh air” for the marketing communications industry and a reinforcement of the sector’s push for lawful and transparent regulation.

Industry stakeholders say the ruling provides long-awaited clarity on the limits of ARCON’s regulatory mandate and reinforces the supremacy of the Constitution in guiding the operations of agencies and regulators.

ADVAN has consistently argued that several provisions of the ARCON Act and the administrative procedures birthed from them violate constitutional principles. Of particular concern has been the composition of the Advertising Offences Tribunal, whose members are appointed on ARCON’s recommendation to the Minister of Information and National Orientation. ADVAN and other industry observers say this creates a conflict of interest that undermines the Tribunal’s neutrality, with claims that sanctions have disproportionately targeted brands not aligned with ARCON while sparing agencies directly under ARCON’s oversight.

With other cases against ARCON still pending in court, ADVAN expressed confidence that more unconstitutional sections of the Act will be struck down in due course.

The association reiterated its commitment to promoting a fair, growth-driven, and constitutionally compliant regulatory environment for the marketing communications industry. It commended the judiciary for its clarity and urged stakeholders to study the full judgment to ensure compliance going forward.