Court strips ARCON of control, rules LGAs can regulate outdoor advertising

A federal high court in Lagos has held that the regulationof outdoor advertising rests exclusively with LGAs, not the AdvertisingRegulatory Council of Nigeria (ARCON). Delivering judgment in a suit marked FHC/L/CS/1044/2025,Akintayo Aluko, the presiding judge, ruled that the constitution clearlyassigns control of outdoor advertising and hoardings to local governmentcouncils. Any attempt by ARCON to assume that role, he said, amountsto an unlawful takeover of powers it does not possess. The suit was filed by Massilia Motors Limited, which hadchallenged a notice of violation issued against it by ARCON and the subsequentcriminal summons issued by the advertising offences tribunal.In his judgment, Aluko declared both actions void, holdingthat ARCON acted outside its constitutional remit. The court also struck down the requirement that advertisersmust obtain prior approval from the Advertising Standards Panel (ASP) beforepublishing any material, describing the provision as inconsistent with theconstitution and therefore invalid. Reacting to the ruling, Kolawole Mayomi, counsel to MassiliaMotors, said the judgment reaffirmed the limits of ARCON’s regulatory powersand vindicated his client’s stance.He commended Massilia Motors for challenging what he calledthe “arbitrary and unconstitutional” provisions of the ARCON Act, adding thatthe decision brings clarity to the sector. Mayomi also commended the Advertisers’ Association ofNigeria (ADVAN) for its long-running advocacy on the issue, describing theverdict as “a breath of fresh air” for lawful, transparent regulation withinNigeria’s marketing communications industry.

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