Following the landmark judgment delivered by the Federal High Court, Lagos Division, in the case of Massilia Motors Limited v. Advertising Regulatory Council of Nigeria (ARCON), Suit No: FHC/L/CS/1044/2025, the Director-General of ARCON, Dr. Olalekan Fadolapo, has expressed the Council’s stance on the matter.

Presided over by Honourable Justice Akintayo Aluko on 7 November 2025, the Court declared sections of the ARCON Act 2022 unconstitutional, particularly those granting ARCON authority over outdoor advertising and hoardings which include power to vet and approve message previously done by the Advertising Standards Panel.

Furthermore, the ruling also invalidated the Notice of Violation issued to Massilia Motors Ltd and the criminal summons from the Advertising Offences Tribunal.

ARCON Reacts to the Court’s Interpretation

Speaking with MARKETING EDGE, Dr. Fadolapo stated, “We believe that the judgment was delivered in error.

Its implementation will not only be chaotic but a major bottle neck for the advertising ecosystem proceed. Conflicting and overlapping sections of the Constitution should have been interpreted to serve justice, equity, and resolve the mischief the law seeks to address.”

Clarifying Legal Nuances

He further highlighted the nuances of legal interpretation, explaining, “For example, there is a power of punctuation in a word.

If the Constitution has said, ‘outdoor advertising, comma, and hoarding,’ the judge could have interpreted outdoor advertising as a stand alone word arrogating the full power to regulate outdoor practice on local government.

The decision delivered provides an omnibus interpretation of outdoor advertising regulation, which risks throwing the industry into major crisis and chaos.”

Reinforcing the Federal Government’s Authority

Dr. Fadolapo emphasised the federal government’s constitutional powers over advertising, noting, “Advertising is a trade and profession listed under the exclusive list in the Constitution, with which the federal government has exclusive legislative authority.

Advertising has both a practice and a profession leg and ARCON’s role as the regulator remains critical to upholding industry standards.”

Next Steps for ARCON

The DG concluded, “Based on this, we will appeal the judgement ARCON will ensure that its regulatory framework continues to operate in the interest of public safety, lawful practice, and the development of Nigeria’s advertising industry.”

Consequently, ARCON’s position indicates that, while the Court’s decision is noted, the Council intends to safeguard its mandate and continue to protect the Nigeria’s advertising ecosystem.