Federal High Court in Lokoja upholds ARCON Act 2022, affirming its regulatory powers over advertising and dismissing Godec Power’s lawsuit

The Federal High Court sitting in Lokoja has upheld the ARCON Act 2022, affirming its constitutional validity, scope, and enforceability over advertising regulation in Nigeria.

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Delivering the judgment on November 12, 2025, Hon. Justice Isa Dashen dismissed the suit filed by Godec Power Nigeria Ltd, which challenged ARCON’s authority over outdoor advertising.

The court affirmed that the Advertising Regulatory Council of Nigeria (ARCON) has powers to regulate advertising content across all platforms targeting the Nigerian market.

Godec Power had contended that ARCON lacked oversight of outdoor signage, arguing that such matters fall under the exclusive control of Local Government Councils.

The company also claimed that ARCON’s Notice of Violation infringed on its fundamental right to freedom of expression, seeking 13 reliefs including a perpetual injunction and ₦100 million in damages.

Justice Dashen rejected all arguments, noting that advertising regulation is not solely a residual matter and that the National Assembly acted within its constitutional authority when enacting the ARCON Act 2022.

On the freedom-of-expression claim, the court held that ARCON’s pre-approval requirement is a lawful regulatory measure, stating:

“The regulatory pre-approval requirement does not suppress expression; it merely ensures that public communications conform to lawful standards of decency, truthfulness and fairness…

Such regulation is a legitimate incident of state oversight.”

The court also dismissed claims that ARCON’s powers are limited to professional advertisers, affirming that the Act applies broadly to “any and every person who engages in, regulates, sponsors or takes benefit of advertising services.”

Godec Power’s suit was fully dismissed, and the court awarded ₦500,000 in costs to each defendant, including the Attorney-General of the Federation and ARCON.

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The ruling follows a recent similar affirmation by the Federal High Court in Lagos in the Massilia Motors v. ARCON case, further solidifying the regulatory authority of ARCON over advertising practices in Nigeria.