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The Federal High Court of Nigeria has, in a landmark judgment delivered on 7 November 2025 in Messilia Motors Limited v. Advertising Regulatory Council of Nigeria (Suit No: FHC/L/CS/1044/2025) resolved a long-standing constitutional conflict between the Advertising Regulatory Council of Nigeria (ARCON) Act and the Constitution of the Federal Republic of Nigeria (as amended). The judgment provides much-needed clarity on the regulatory boundaries between federal agencies and Local Government...
Overview
The Federal High Court of Nigeria has, in a landmark judgment delivered on 7 November 2025 in Messilia Motors Limited v. Advertising Regulatory Council of Nigeria (Suit No: FHC/L/CS/1044/2025) resolved a long-standing constitutional conflict between the Advertising Regulatory Council of Nigeria (ARCON) Act and the Constitution of the Federal Republic of Nigeria (as amended). The judgment provides much-needed clarity on the regulatory boundaries between federal agencies and Local Government Authorities, particularly concerning outdoor advertising.
Court’s Decision: Resolving the Conflict Between ARCON and the Constitution
At the heart of the judgment is the constitutional allocation of powers regarding outdoor advertising. The Fourth Schedule, Paragraph 1(k)(i) of the Constitution expressly places the regulation and control of outdoor advertisements under the authority of Local Governments.
The Court held that certain provisions of the ARCON Act (Sections 2(2)(a), 8(a), and 9(f), (p), (q), (t) and (u)) which sought to extend ARCON’s regulatory authority to all forms of advertising, including outdoor advertising were inconsistent with the Constitution. As a result, those specific portions of the Act were declared unconstitutional, null, and void to the extent of the inconsistency - Sections 1(1) and 1(3) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
This decision effectively limits ARCON’s authority and reinstates the exclusive constitutional role of Local Governments in outdoor advertising regulation.
Implications for ARCON’s Regulatory Powers
Following the Judgment, ARCON no longer has the legal mandate to regulate, control, or interfere with matters relating to outdoor advertising. ARCON cannot enforce compliance, issue directives, or impose sanctions in relation to outdoor advertising. Also, any actions taken by the Advertising Standards Panel, including issuing citations or referring individuals or organisations to the Advertising Offences Panel are invalid to the extent that they relate to outdoor advertising.
This marks a significant shift in the regulatory landscape, curbing ARCON’s reach in a key sector of the advertising industry.
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