ARCON Act judgment delivers powerful win for ADVAN

ARCON Act judgment delivers a powerful win for ADVAN as the Court rules key sections unconstitutional

ARCON Act ruling has become a defining legal moment for Nigeria’s marketing communications sector, after the Federal High Court in Lagos delivered a sweeping decision that reshapes the limits of regulatory control.

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The ARCON Act judgment was handed down on Friday 7 November 2025 by Honourable Justice Akintayo Aluko in the case of Massilia Motors Limited v Advertising Regulatory Council of Nigeria.

The Court held that several contested provisions of the ARCON Act 2022 were unconstitutional, offering a decisive validation of the concerns ADVAN has repeatedly raised over the past two years.

In a firm declaration, the Court confirmed that only Local Government Councils possess the constitutional authority to regulate outdoor advertising and hoardings.

This means ARCON’s long asserted claim to control outdoor media placement and impose sanctions in this area is unlawful.

The Court also ruled that the requirement for prior approval from the Advertising Standards Panel lacks constitutional backing, rendering ARCON’s issued Notice of Violation invalid and outside its legal mandate.

The criminal summons issued by the Advertising Offences Tribunal was equally declared unconstitutional.

This powerful ruling delivers long awaited clarity, reinforcing that the 1999 Constitution remains the final authority in determining regulatory boundaries.

For advertisers, agencies, brand custodians and media owners, the decision marks a refreshing shift towards lawful and transparent regulation.

Dr Kolawole Mayomi of SPA Ajibade and Co, lead counsel to Massilia Motors Ltd, praised the company’s courage in challenging the provisions that sought to override constitutional safeguards.

He acknowledged ADVAN’s persistent advocacy, noting that the judgment strengthens the industry’s collective push for fairness and accountability.

ADVAN has long warned that aspects of the ARCON Act and its administrative practices were unconstitutional.

One major concern has been the composition of the Advertising Offences Tribunal, whose members were appointed based on ARCON’s recommendations.

Many stakeholders argued that this created a conflict of interest, with sanctions appearing to fall more heavily on brands not aligned with ARCON’s preferences.

Industry analysts have repeatedly highlighted the uneven pattern of enforcement, suggesting that agencies under ARCON’s direct purview often faced little scrutiny while advertisers received disproportionate penalties.

ADVAN now anticipates that other problematic sections of the Act will be scrutinised and possibly struck down, as several additional lawsuits remain pending.

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The association reaffirmed its commitment to fostering a fair, constitutional and growth focused regulatory environment, urging stakeholders to study the full judgment to ensure proper alignment with the law.

David Okere