Sola Akinsiku, President of the Out of Home Advertising Association of Nigeria (OAAN) and Managing Director of Kok Visibility, has welcomed the recent Federal High Court judgment that redefines the limits of the Advertising Regulatory Council of Nigeria (ARCON).

He emphasised that the ruling finally aligns with the clear provisions of the Constitution, which vest exclusive control of outdoor advertising in Local Government Councils.

According to him, the law has always been unambiguous about who should regulate outdoor advertising structures.

Therefore, any interpretation attempting to grant ARCON absolute control over outdoor media contradicts the Constitution and is invalid.

 Position Aligns with Constitutional Authority

Akinsiku stressed that ARCON is a creation of an Act of Parliament, not a creation of the Constitution; hence its powers cannot supersede constitutional authority.

He explained that the ruling confirms what Out of Home practitioners have maintained for years.

He recalled that OAAN consistently presented this position during several engagements, including a public hearing at the National Assembly where he stated that ARCON does not have constitutional backing to regulate outdoor advertising.

He also noted that ARCON’s leadership has, in the past, acknowledged that its powers cover advertising messages but do not extend to regulating structures or the medium itself.

Local Governments Constitutional Authority

Furthermore, Akinsiku explained that the Constitution places outdoor media, including hoardings and signage, under the authority of Local Government Councils.

He pointed out that the original intention of the Constitution’s drafters was to enable local councils to manage permits, maintain order, and generate revenue from outdoor structures.

He added that although ARCON can regulate advertising content to ensure decency and honesty, its authority does not extend to regulating outdoor structures and platforms.

He reiterated that OAAN has never been silent on this matter; rather, it has consistently advocated for proper regulatory distinction, including through a proposed charter for the practice of Out of Home advertising.

According to him, the judgment did not awaken the association, it simply confirmed what OAAN has maintained for years.

Court Ruling Reshapes Regulatory Boundaries

The judgment that reaffirmed Akinsiku’s long-held position was delivered on Friday 7 November 2025 by Honourable Justice Akintayo Aluko of the Federal High Court in Lagos in the case of Massilia Motors Limited versus the Advertising Regulatory Council of Nigeria.

The court declared several provisions of the ARCON Act 2022 unconstitutional, holding that the Constitution gives exclusive control of outdoor advertising and hoardings to Local Government Councils.

As a result, it said ARCON’s attempts to regulate billboards, hoardings, structures, and other outdoor media fall outside its lawful mandate.

The judge also ruled that ARCON’s demand for prior approval from the Advertising Standards Panel is unconstitutional.

In addition, the court voided both the Notice of Violation issued to the plaintiff and the criminal summons issued by the Advertising Offences Tribunal, describing them as actions taken without legal authority.