By our Editor
Justice Yelim Bogoro of the Federal High Court, Lagos, on Wednesday set May 14, 2026, for judgment in the legal dispute between Facebook Nigeria Operations Limited (FNOL) and the Advertising Regulatory Council of Nigeria (ARCON) over a N60 billion fine.
The case, filed as FHC/L/CS/2205/2024, challenges ARCON’s authority to impose fines on FNOL for alleged breaches of the Advertising Regulatory Council of Nigeria Act 2022 (ARCON Act).
ARCON alleged that FNOL displayed ads on Facebook and Instagram targeting Nigerian users without approval from the Advertising Standards Panel and imposed a N60 billion fine, citing violations of sections 34(3) and 54 of the ARCON Act.
FNOL contended that it does not operate or control Facebook or Instagram in Nigeria, noting that both platforms are owned by Meta Platforms, Inc., based in the United States. The company sought a court declaration to nullify the notice and prevent future fines, arguing that ARCON’s actions violated the Nigerian Constitution and the ARCON Act’s provision for a fair hearing.
During proceedings, FNOL’s lead counsel, Mofesomo Tayo-Oyetibo, SAN, emphasised that the company had never operated the platforms in Nigeria and that criminal sanctions can only be imposed by courts.
ARCON’s counsel, O.S. Kehinde, argued that FNOL’s suit was incompetent, asserting that filing the case meant the company accepted responsibility for the alleged violations and that a trial, not an originating summons, was the proper forum.
Justice Bogoro adjourned the case to May 14, 2026, for judgment.