In a significant win for regulatory sanity and Nigeria’s advertising ecosystem, the Federal High Court has ruled in favour of the Advertising Regulatory Council of Nigeria (ARCON) in its legal battle with Digibay Limited (trading as Supergroup).
The judgment reaffirms ARCON’s statutory powers to regulate and vet advertising content in Nigeria, setting a new precedent for compliance across the integrated marketing communications industry.
Also, the suit stemmed from Digibay’s refusal to comply with regulatory provisions mandating pre-exposure vetting of advertising materials. At the heart of the matter was whether ARCON had the legal jurisdiction to enforce its regulatory mandate over digital and online advertising, especially in an era where digital disruption often challenges traditional oversight mechanisms.
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Commenting on the ruling, Director-General, ARCON, Dr. Olalekan Fadolapo, explained that the case tested the constitutionality of ARCON’s regulatory powers. He emphasised that the judgment validates the Council’s legal foundation and statutory mandate under the new ARCON Act.
“In terms of the constitutionality of our regulatory powers, the court held that the National Assembly is empowered by the constitution to enact laws concerning professional practices, and the law also gives the National Assembly exclusive authority to determine trade and trading activities.”
He further clarified the scope of ARCON’s legal mandate: “The Act establishing ARCON clearly states that there shall be a council for the regulation and control of advertising, advertisement, and marketing communication. It’s important to understand that, both literally and contextually, ‘advertising’ refers to the professional practice, while ‘advertisement’ refers to the activity. The law empowers us to regulate both the profession and the commercial activity within the broader framework of marketing communication.”
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“The judgment confirms that ARCON’s regulatory functions are in line with the legislative powers of the National Assembly, reaffirming our authority over advertising and marketing communication in Nigeria,” the DG added.
“We have consistently emphasised the need for advertising practitioners to operate with professionalism, ethical compliance, and a clear understanding of regulatory boundaries. This victory, therefore, is not just legal—it is symbolic. It communicates to local and international players in Nigeria’s advertising sector that impunity has no place in a market that is striving for global relevance and credibility.”
The court’s decision also comes at a crucial time, as ARCON works to sanitise the industry through various strategic reforms. These include the establishment of the Advertising Offences Tribunal, the categorisation of agencies, local content protection policies, and a renewed focus on professional development and institutional collaboration.
“This ruling is particularly critical given the proliferation of digital content in Nigeria, much of which currently operates in a grey area. By upholding ARCON’s right to regulate all advertising, including digital and online campaigns, the court has essentially brought clarity to the scope of lawful practice, eliminating the ambiguity that some stakeholders had previously exploited,” Dr. Fadolapo noted.
Beyond the legal implications, the court’s judgment validates the importance of ARCON’s role in protecting consumers, brands, and public interest. With an industry valued at several billions of Naira, unchecked advertising can lead to misinformation, brand erosion, and even national security concerns
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