Rbealhouse Communications Limited, publisher of the popular Castles Lifestyle and Highbrow Living magazines, has dragged the Advertising Regulatory Council of Nigeria (ARCON) before the Federal High Court in Lagos.
The company is seeking an order for the enforcement of its fundamental human rights, arguing that certain provisions of the ARCON Act, 2022, infringe upon its right to fair hearing and freedom of expression as guaranteed by the Nigerian Constitution.
The originating summons, filed by the Applicant’s counsel, zeroes in on Sections 37 and 54 of the ARCON Act, 2022, and the same is seeking judicial pronouncements to declare them null and void. The suit followed a series of violation notices and fines issued by ARCON to Realhouse Communications and, critically, to its customers.The crux of Realhouse Communications’ application lies in the contention that ARCON’s actions, particularly the imposition of fines without prior adjudication, constitute a denial of the fundamental right to fair hearing.Realhouse Communications is asking the court to determine several pressing constitutional questions namely: Whether Sections 37 and 54 of the ARCON Act, 2022, violate the Applicant’s fundamental human rights to fair hearing (Section 36) and freedom of expression (Section 39) of the 1999 Constitution of the Federal Republic of Nigeria (CFRN), as amended; Whether the Applicant is bound by the provisions of Section 54 of the ARCON Act, 2022, when considered against the constitutional guarantee of freedom of expression (Section 39 CFRN, 1999).The Applicant specifically argued that Section 54 of the ARCON Act, 2022, which purports that any advertisement targeting the Nigerian market without prior vetting and approval from the Advertising Standards Panel constitutes an offence, is a direct curtailment of their freedom of expression and press.
Furthermore, Section 37(5) of the same Act prescribes severe punishments for this alleged offence, including a fine of at least N500,000 or one year’s imprisonment for an individual, and a fine of at least N1,000,000 for an organisation, the Applicant stated.A key ground for the suit stemmed from a Notice of Violation dated September 28, 2023, with reference: ARCON/VOL1/2023/CASTLES LIFESTLYE MAGAZINE/9. I
In the notice, ARCON claimed the magazine had violated advertising rules and demanded a fine of N500,000 (Five Hundred Thousand Naira) from the Applicant for the alleged offence.Realhouse Communications,
The affidavit deposed by its accountant, Liasu Kazzim Olawale, emphatically asserted that it was never brought before a panel, court, nor tribunal of justice prior to being found guilty and fined for the alleged offence.
This, they argue, is a direct denial of their right to fair hearing as enshrined in the CFRN 1999.Beyond the constitutional declarations, Realhouse Communications is pursuing a package of reliefs aimed at recovering damages, securing a public apology, and obtaining a perpetual injunction against ARCON.The Applicant is seeking the following orders from the Federal High Court:“A declaration that Sections 37 and 54 of the ARCON Act, 2022, violate the Applicant’s fundamental human rights and are therefore null and void.“A declaration that the Applicant is not bound by the provisions of Section 54 of the ARCON Act, 2022.“A declaration that the imposition of the fine pursuant to the September 28, 2023, Notice of Violation amounts to a denial of fair hearing.“An order compelling ARCON to issue a public apology to Realhouse Communications for the harassment and embarrassment caused.“An order of perpetual injunction restraining ARCON from further interfering with the Applicant’s business by issuing notices of violation and/or fines to the Applicant’s customers.“An order of N50,000,000.00 (Fifty Million Naira) as General Damages.”
A particularly damaging aspect of ARCON’s regulatory actions, according to the Applicant, is the issuance of similar Notices of Violation directly to the Applicant’s clients and subscribers to Castles Lifestyle and Highbrow Living magazines.Exhibits attached to the court documents, including notices issued to firms like Terra Developers, Megamound Investment LTD, and Urag Real Estate show ARCON imposing a violation fee of N1,000,000 (One Million Naira only) per violation/infraction on the clients for exposing “unapproved advertisements” on the magazine’s platform.
These notices cited Section 54 of the ARCON Act as the basis for the alleged violation, mandating immediate cessation of the advertisements and payment within seven days.Realhouse Communications argued that this action has had a negative influence on the confidence and trust of its clients, posing a significant risk of jeopardising its business.
The affidavit stated that unless ARCON is restrained by the court, it will continue to interfere with the Applicant’s business by harassing its clients with vexatious notices.ARCON has been given 5 days from the service of the summons to enter an appearance in the suit.