On Friday, 7 November 2025, a landmark judgment was 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.

Meanwhile, presided over by Honourable Justice Akintayo Aluko, the Court issued a far reaching decision that aligns with concerns ADVAN has consistently raised regarding unconstitutional provisions of the ARCON Act.

Court Clarifies ARCON’s Regulatory Limits

Consequently, the declarations affirm that the authority to regulate outdoor advertising and hoardings lies exclusively with Local Government Councils under the Constitution, thereby rendering ARCON’s attempts to exert control in this area unlawful.

Also, the  Court further held that the requirement for prior approval from the Advertising Standards Panel is unconstitutional, and that the Notice of Violation issued by ARCON to the plaintiff was beyond its legal powers and therefore invalid.

Read also

Furthermore, the criminal summons that was issued by the Advertising Offences Tribunal was also declared as unconstitutional and unlawful.

Judgment Reinforces Constitutional Supremacy

Moreover, the ruling provides long awaited judicial clarity on the limits of ARCON’s regulatory mandate, particularly as it concerns outdoor advertising and the imposition of sanctions.

 

ALSO WATCH: MARKETING EDGE  NATIONAL STAKEHOLDERS VIRTUAL SUMMIT

It reinforces the supremacy of the 1999 Constitution in guiding regulatory authority and confirms that ARCON cannot impose approvals, fines, or enforcement actions relating to outdoor media.

A summary of the judgment is that any section of the ARCON Act which seeks to endow ARCON with any form of regulatory oversight over outdoor advertising and hoarding in Nigeria is unconstitutional and illegal.

Counsel Applauds the Judgment

In his comments on the judgment, the lead counsel who represented Massilia Motors Ltd, Dr. Kolawole Mayomi of the law firm of SPA Ajibade and Co., applauded Massilia Motors Ltd’s courage in challenging the arbitrary aspects of the ARCON Act that sought to usurp the Nigerian Constitution.

WATCH ALSO: 2025 NATIONAL ADVERTISING CONFERENCE

He also acknowledged and commended ADVAN’s longstanding advocacy against the unconstitutional aspects of the ARCON Act.

He described the judgment as a significant reinforcement of the advertising community’s efforts to uphold lawful and transparent regulatory practices within the marketing communications sector, as well as a breath of fresh air for the industry.

Implications for Industry Stakeholders

This development marks an important moment for advertisers, agencies, brand custodians, and media owners.

It clarifies the boundaries of regulatory authority and ensures that constitutional principles remain central to the industry’s operations. ADVAN has for long advocated that various aspects of the ARCON Act and its administrative procedures were unconstitutional and illegal.

Another major concern for ADVAN has been the composition of the Advertising Offences Tribunal that was created to adjudicate infractions.

WATCH ALSO: 2025 NATIONAL  ADVERTISING CONFERENCE 

That the members of the Tribunal were appointed on ARCON’s recommendation to the Minister for Information and National Orientation, which creates room for a clear conflict of interest.

Indeed, it had been noted by some industry analysts that some brands and advertisers which seem not to be aligned with ARCON’s interest seem to be the major focus of the Tribunal’s sanctions, while advertising support agencies who are directly under ARCON’s purview seem to have a free ride.

ADVAN Calls for Further Review

The  advertisers body is confident that other sections of the ARCON Act which are inconsistent with the Nigerian Constitution will soon be identified and set aside, as there are currently other litigations against ARCON pending in court.

ADVAN remains committed to promoting a fair, constitutional, and growth oriented regulatory environment for the marketing communications industry.

The association commends the judiciary for this clear interpretation of the law and urges all stakeholders to familiarise themselves with the full judgment to ensure proper compliance moving forward.

WATCH ALSO:MARKETING EDGE ONTV