Lagos, Nigeria – July 7, 2026
A Federal High Court in Lagos has set aside the ₦60 billion sanction imposed by the Advertising Regulatory Council of Nigeria (ARCON) against Facebook Nigeria Operations Limited (FNOL), ruling that the regulator exceeded its legal authority and violated the company’s constitutional right to a fair hearing.
In a judgment delivered by Justice Yellim Bogoro, the court declared ARCON’s Notice of Violation and Demand for Compliance issued against Facebook Nigeria unconstitutional, unlawful, null and void.
The court also granted a perpetual injunction restraining ARCON from enforcing the sanction against the company.
The dispute arose after ARCON accused Facebook Nigeria of publishing advertisements targeted at Nigerian users on Facebook and Instagram without obtaining prior approval from the Advertising Standards Panel, contrary to provisions of the ARCON Act and the Nigerian Code of Advertising.
Based on the alleged violations, the regulator imposed a ₦60 billion penalty and directed the company to stop the advertisements.
Facebook Nigeria challenged the decision in court, arguing that ARCON lacked the legal authority to impose such a penalty without first giving the company an opportunity to defend itself. The company also maintained that it neither owns nor operates Facebook or Instagram, explaining that both platforms are owned and managed by Meta Platforms Inc., a company registered in the United States.
In its ruling, the court held that ARCON failed to establish that Facebook Nigeria owns or controls the social media platforms and therefore could not be held liable on that basis.
Justice Bogoro further ruled that imposing such a significant financial penalty without first providing the company with a fair hearing violated Section 36 of the Constitution and exceeded the regulator’s statutory powers.
The judgment effectively nullifies the ₦60 billion sanction and prevents ARCON from enforcing the penalty against Facebook Nigeria.
