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Facebook Nigeria vs ARCON’s judgment: Not about fine but consumer protection at risk of vulnerability

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By Ewa Izuchukwu,  

It’s no longer news that the Federal High Court sitting in Lagos has recently set aside the ₦60 billion regulatory fine the Advertising Regulatory Council of Nigeria (ARCON) impose on Facebook Nigeria Operations Limited (FNOL) in October 2024. Hon Justice Yelim Bogoro’s decision in suit FHC/L/CS/2205/2024 has been reported widely in the days since, and much of that reporting has fixated on the size of fine, sixty billion naira which, as expected will make the headlines.

Read more: ARCON Secures Major Legal Win in Watercress Court Dispute

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But the fine itself is close to old news, and any editorial honestly reckoning with this judgment has to say so plainly. As far back as April 2025, Justice Akintayo Aluko, sitting in the same Federal High Court in Lagos, had already settled whether ARCON may impose fines directly.

In Digi Bay Limited (trading as Betway Nigeria) v. ARCON, Justice Aluko held that a fine is a judicial act reserved for a competent court or the Advertising Offences Tribunal, not an administrative agency, and declared ARCON’s fine against Betway unconstitutional and void.

ARCON appears to have absorbed that lesson in the cases that followed including Godec Power Nigeria Ltd. v. ARCON in November 2025, Watercress Hotel International Limited v. ARCON in June 2026, as the agency confined itself to regularisation of exposed unapproved adverts and Advertising Tribunal referrals.

By the time Facebook Nigeria’s case came up for judgment, that question had already been asked and answered a year earlier. Voiding the fine was, by that point, close to a formality.

Which is precisely why the fine is the least interesting part of Justice Bogoro’s judgment, and why the media narrative being pushed largely missed the real story.

The issues that ought to be commanding attention are the fourth and fifth decisions of the Federal High Court which set out to determine whether Meta Platforms Inc. and Facebook Nigeria Ltd are separate and distinct legal entities, and whether Facebook Nigeria acted as an agent of Meta in Nigeria.

On both counts, the court held that ARCON had failed to discharge the burden of proof, finding no evidence of a corporate nexus beyond the two companies’ separate legal existence, and therefore no basis on which Facebook Nigeria could answer for anything connected to Meta’s platforms. This means, money can be made by Facebook in Nigeria market, but accountability and responsibility will shift to the Head Office in the USA which claimed it’s out of Nigeria’s legal jurisdiction.

Those findings and subsequent decision, not the fine imposed, are what should have produced a press statement or shape media narrative as these are landmark decisions.

The evidentiary gap in the ruling

The conclusion is, on its face, startling, because the relationship between Facebook Nigeria and Meta is not exactly a secret that requires forensic excavation.

Meta’s own terms of service, unchanged for years, identify Facebook, WhatsApp and Instagram as products of Meta Platforms, Inc. Facebook Nigeria Operations Limited’s very name signals its function as an operating entity for Meta’s Nigerian market, its representatives based in Lagos, its correspondence running through Meta’s own domains.

That such linkages could be found legally unproven raises the question of whether the necessary homework was done by the Hon Court to arrive at finding that runs against easily verifiable commercial reality.

That concern deepens against the longer background of ARCON’s own dealings with Meta. This was not the regulator’s first attempt to pin accountability on a Meta-linked entity in Nigeria.

In October 2022, ARCON sued Meta Platforms directly alongside its Nigerian agent, AT3 Resources Limited, over the exposure of unvetted advertisements shown to the Nigerian audience, in Abuja.

That Abuja case lingered for close to two years, shuffled between several adjournments, without ever being tested on the merits, before ARCON’s counsel discontinued it in July 2024. It was withdrawn. That withdrawal cleared the ground for the fresh dispute that would eventually surface in Lagos as Facebook Nigeria sue ARCON.

Particularly interesting is that this is not the first time Nigerian courts have entertained proceedings against Meta without putting the burden of or insisting that litigants first unravel every layer of the company’s global corporate architecture.

Most recently in the Falana v. Meta Platforms Inc. case, the Lagos High Court permitted proceedings arising from the alleged unauthorised use of the human rights lawyer’s name and image on Facebook, treating Meta as the proper party without placing the burden on the claimant to establish the nexus between Meta Platforms Inc. and Facebook before assuming jurisdiction.

Similarly, the Federal Competition and Consumer Protection Commission fined the company $220 million for abusing Nigerian users’ data, treating Meta as answerable in Nigeria without requiring anyone to first prove an elaborate corporate map.

If one Nigerian regulator could establish that accountability, the difficulty ARCON says it encountered doing something similar deserves closer scrutiny.

Several attempt by META INC to use corporate separateness in other countries failed 

Nigeria is not the only jurisdiction where Meta has tried to use corporate separateness as a shield, and other courts have not been so easily persuaded.

In Kenya, Meta argued for years that it could not be sued over the treatment of Facebook content moderators because it did not directly employ them.

Kenya’s employment court rejected that, ruling that Meta was the primary employer because the moderators did Meta’s work and were held to its metrics, and that Sama was “merely an agent”; Kenya’s Court of Appeal upheld that decision despite Meta’s claim to be a foreign company outside the court’s reach.

In Australia, the fact pattern was almost identical to Nigeria’s. A case brought by the Australian Information Commissioner concerned Facebook Inc, serving North American users, and Facebook Ireland, serving everyone else; Facebook Inc argued it could not be conducting business in Australia because only Facebook Ireland was, with no assets or revenues of its own there.

The Full Federal Court rejected that, treating the data-processing arrangement between the two entities as evidence Facebook Inc itself was conducting business in Australia, and separately refused Facebook Inc’s bid to escape service of process.

The European Union offers a third instance, involving the very architecture Meta uses to separate its foreign operations from its American parent. Facebook Inc. routes non-US, non-Canada business through a distinct Irish company, Facebook Ireland Ltd, described in its own filings as the data controller for those users, structured to keep the US parent at arm’s length from foreign regulators.

It did not work indefinitely: Ireland’s Data Protection Commission fined the Irish subsidiary itself a record €1.2 billion and ordered it to halt unlawful transfers to its own parent.

Even inside the United States, Meta has run the same play against its own government. In a Vermont lawsuit over Instagram’s design and its effects on teenagers, Meta argued it could not be sued there because neither it nor the app had specific ties to the state; Vermont countered that Instagram’s large teen user base there was enough.

The US Supreme Court declined to hear Meta’s appeal in May 2026, leaving it exposed in a suit naming both Meta Platforms, Inc. and Instagram, LLC.

National Security & Who answers when it matters?

This is where the fixation on fine has led the conversation astray. The money was never really the point but whether anyone in Nigeria can be held to account for what happens on these platforms which is a critical part of the digital economy.

If a court has found, on the evidence before it, that a platform’s local entity bears no legal relationship to the global parent that owns and profits from it, the country has stumbled into a template for regulatory evasion that extends well past Meta, to every multinational platform and organisation doing business in Nigeria.

Facebook and Instagram are not neutral pipes. They are marketplaces where cars, phones, drugs, and, on occasion, weapons and other contraband get advertised to Nigerian audiences; where scams targeting bank accounts run, and where harmful content reaches Nigerian children.

So, to ask the plain question this judgment leaves hanging… when a fraudulent investment scheme, a counterfeit pharmaceutical, or worse is advertised to Nigerians through Facebook or Instagram, who is answerable in a Nigerian court? If Facebook Nigeria Operations Limited has just been found to bear no proven relationship to the platform it operates, the honest answer is no one in this country. That is a national security and economic-sovereignty question that deserves an urgent answer.

This judgement may start a new window of corporate separateness, become a challenge to accountability and responsibility which multi nationals and global organisation may explore with Nigerians unfortunately being dealt the short end of the stick.

Also read: ARCON Secures Major Legal Win in Watercress Court Dispute

In the interest of the public, the judiciary owe Nigerians beyond legal technicalities and prima facie evidence, the obligation to do an extensive review on this case to protect the generality of the public. Until then, the fine everyone is talking about is the least of what this judgment may cost the country.

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Tinubu’s Biggest Opponent Is Not Obi or Atiku… It’s Tinubu

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By Moses Braimah

“A government that spends more time explaining the opposition than explaining its achievements may already know where its real problem lies.” (more…)

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Seven prime ministers in a decade: What Nigeria can learn from Britain’s chaos

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By Dr Toju Ogbe,

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The resignation of British Prime Minister Keir Starmer, less than two years after leading the Labour Party to  a landslide electoral victory, was dramatic, yet reflected a pattern we have become familiar with in recent British politics.

Also read: Church Leader Who Ushers: Low-Key Lifestyle of A Loud Prophet, Elijah Ayodele

Starmer now joins a procession of fallen prime ministers stretching back to 2016 – from David Cameron to Theresa May, Boris Johnson, Liz Truss, and Rishi Sunak.

None of these prime ministers was ousted through military intervention, popular insurrection, or a court order. Rather, each was ultimately brought down by the same political system that elevated them to electoral glory.

To the casual observer, the rapid turnover of British Prime Ministers in the last decade may appear chaotic, or even a symptom of political instability. Some argue that the British electorate has become ungovernable.

However, beneath the apparent chaos at Westminster lies an uncomfortable truth that African democracies would do well to examine, particularly Nigerians who wonder why our democracy has delivered so little despite almost three decades of uninterrupted civilian rule.

The turbulence of British politics over the last decade, presents an important lesson on democratic accountability beyond successful elections.

Once the prime minister is deemed a liability by their own political party, the mechanics of accountability are activated. The daggers are quietly drawn and the ruthless pressure to resign begins.

Every poll and survey on public opinion is closely monitored, local election results are taken as a referendum on leadership. Cabinet resignations begin to gain momentum and backbenchers get restless.

Once the news media smells an internal uprising, they amplify scrutiny of the prime minister, subjecting every move – speech, public appearance, political misstep etc to relentless examination.

Pressure gradually mounts until the prospect of bitter internal leadership challenge becomes impossible to resist. The Prime Minister falls.

For every British Prime Minister, winning an election is merely the beginning of examination, not the end. Political survival lasts only for as long as the prime minister maintains the confidence of his party and the parliament.

This is the muscle of British democratic accountability; a political culture that prioritises institutional survival over individual ambition. Starmer recognised this reality in his resignation speech:

“The question my party is asking now is whether I am best placed to lead us into the next general election. I have heard the answer of my parliamentary party to that question, and I accept that answer with good grace.”

That closing sentence alone is a masterclass in British institutional democracy. The party spoke. The leader listened. The correction comes from within.

 

Nigeria presents a strikingly different political logic.

Nigeria on the other hand, presents an interesting contrast with a different political logic and culture.

The notion that a governing party would overtly interrogate the performance of its own leader and engineer a transition to someone better equipped to maintain public confidence, is in most cases politically unthinkable in Nigeria.

Political parties in Nigeria do not coalesce  around ideological principles; rather, they operate more as electoral instruments organised around powerful individuals.

Internal dissent is often dealt with as betrayals rather than as part of healthy democratic engagement. Godfatherism and transactional loyalties shape political succession and leadership retention.

Once elected in Nigeria, there is an inherent assumption that a governor or president has a fixed two-term lease on power.

While 10 Downing Street is preparing to welcome its seventh Prime Minister in a decade, Nigeria, in contrast, has had only two democratically elected presidents during the same period – one of whom is still serving.

Social and economic conditions may deteriorate. Insecurity may worsen. Campaign promises may be ignored.

Public frustrations may become unbearable. Yet, incumbent governors and presidents often remain insulated from meaningful internal scrutiny and are even routinely anointed as ‘consensus’ candidate for second terms provided loyalties to godfathers, rather than the electorates are maintained.

The consequence is that loyalty, instead of performance is often rewarded at the expense of accountability.

This is not an argument for a revolving door at Aso Rock, as frequent leadership changes, by themselves, do not guarantee good governance.

Rather it is a case for making accountability an integral aspect of party politics in Nigeria.

Although the Nigerian presidential system provides for a fixed four-year term regardless of party confidence, political parties should however, be more than instruments for election campaigns, activated to simply retain or take over power every four years.

Electoral victory, should not be the ultimate goal, but the starting point of public service where democratic legitimacy must be continuously earned.

Equally important, political parties must develop the institutional maturity to honestly evaluate their own leaders. They must prioritise public interest and institutional credibility over loyalty to ‘Godfathers’.

The ultimate lesson from Westminster’s revolving door is clear: the true strength of a democratic system, lies not in the ability to produce leaders, but the capacity to effectively replace them, when they no longer command confidence.

Protecting failing leaders from accountability weakens democracy and political parties must ensure that no leader is more powerful than the institution.

Also read: Zamfara Governor, Dauda Lawal Shakes Up Cabinet, Moves Budget Commissioner to Education

As political parties gear up for the 2027 general elections, the political class must decide what matters more: we can continue to reward blind loyalty and endure predictable decline, or discover the courage to demand accountability from those who seek to lead us.

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Chief Obafemi Awolowo and the fabric of Nigeria’s history and society

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By Sabella Ogbobode Abidde,

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As a scholar, I have always wanted to edit or co-edit a book on the Big Ten of Nigerian nationalists, focusing on their lives, times, and generational impact from the nineteenth to the twenty-first century.

Also read: Abolish state of origin: A prerequisite for true national integration

An august list would include greats such as Aminu Kano, Herbert Macaulay, Nnamdi Azikiwe, Alvan Ikoku, Anthony Enahoro, Ahmadu Bello, Egbert Udo Udoma, Tafawa Balewa, Obafemi Awolowo, Eyo Ita, and Nnamdi Azikiwe. Two or more scholarly volumes would be ready before I bid farewell to my academic career.

But for now, this column briefly sheds light on a philosopher and mystic, who was also a political and economic giant: Chief Obafemi Awolowo.

His impact is multigenerational and wondrously woven into the fabric of Nigeria’s history, culture, and society.

Publicly available records indicate that the Nigerian nationalist movement began in the 1920s (Awolowo was born in 1909), so he had forebearers in the movement.

He later became one of the movement’s central figures, and by independence in October 1960, he had perhaps become the dominant personality shaping Nigeria’s political development and economic growth.

Awolowo was also a federalist. The first Premier of the Western region of Nigeria. The founder of the Yoruba nationalist group Egbe Omo Oduduwa.

He was the leader of the Action Group (AG), a political party and an opposition leader in the federal parliament, from 1959 to 1963.

A noted lawyer, author, journalist, and the founder and publisher of the Nigerian Tribune newspaper.

And in later years, under the first military regime, he served as the federal commissioner for finance and as vice chairman of the Federal Executive Council during the Nigerian-Biafran Civil War, 1967-1970.

Much later, Awolowo founded the Unity Party of Nigeria (UPN) and became the party’s presidential candidate in 1979 and 1983.

The consensus was that, on both occasions – especially in 1979 – the electoral body, acting at the behest of the then military regime, put its foot and thumb on the ballot-counting machines to the detriment of Awolowo.

In other words, those who voted didn’t count; the military counted and secured the votes for their preferred candidate.

Those officially sanctioned electoral irregularities, many Nigerians have asserted, partially account for why Nigeria has remained politically and economically miserable and socially chaotic in the years since.

And in the years since his passing, many of the so-called Awoists — men and women who claimed to be adherents and practitioners of his precepts — have fallen by the wayside.

They failed! By 1997, one rarely finds a school of politicians parading themselves as students of or members of the Awolowo Cathedral.

In the second decade of the twenty-first century, many politicians lack the impudence to call themselves Awoists.

The irony is that in the northern part of Nigeria, one can rarely find a pool of politicians who, today, adhere to the teachings and practices of Mallam Aminu Kano. And in the east, there are no more followers of Dr. Nnamdi Azikiwe.

Many politicians, from the east to the west, from the north to the south, and from the middle belt to the south-south, have done away with ethics, morality, ideology, or remaining faithful to their political parties.

Most no longer care about party manifestos or going to the State House, National Assembly, or the Presidency with the people’s burden on their hearts or shoulders.

In public or in private, participants in the Nigerian political and economic space think nothing about integrity, posterity, nation-building, or national interest. It is mostly about self-interest now.

That is what Nigeria has become! Many of the good, effective, efficient, visionary, and purposeful Nigerians are in hiding, while the audaciously corrupt are masters of the game, leaders at various levels of governance.

And we expect to change for the better? Heck no! It is a painful three-ring circus at all three levels.

I do not for once contend that the Federal Republic of Nigeria is a lost cause, a lost experiment, a lost entity, or a forsaken project. No! It can be saved; it can be brought back from the edge of the cliff.

And I also do not for once think that Nigeria should be partitioned into three or four separate countries.

Oh, no! I believe that sustained, first-rate, courageous, and visionary leadership can turn the Nigerian ship around. It is doable. This is not a hopeless country. It is not!

Many of the institutions Awolowo built are still going strong. Many of his policies have been proven right and correct. Many of his teachings have been found to be the appropriate panaceas for Nigeria.

And many of the physical infrastructure projects he built lasted for more than four decades.

And so, imagine where Nigeria would be today on the development scale – on the same level as Taiwan, South Korea, New Zealand, China, and Australia? Or the oil-rich Middle East countries.

Not having Chief Obafemi Awolowo as the president of this federation set her back three to four decades.

Examined dispassionately, his economic and political achievements have yet to be rivaled for several decades after his premiership of the western region, and neither has his commissionership (now minister) of the finance portfolio.

He was good, he was great, and he was miles above his contemporaries in the development of their various regions and in their generational legacies.

Without Awolowo’s policies, much of southern Nigeria – especially the western region — would perhaps be one of the least developed in today’s Nigeria.

Directly and indirectly, Awolowo was the man who made it possible for millions of Nigerians and their offspring to dream of and have a better life.

He promised, he delivered; he built and encouraged others, such as Michael Adekunle Ajasin (Ondo State), Lateef Kayode Jakande (Lagos State), Bola Ige (Oyo State), and Olabisi Onabanjo (Ogun State), to be builders.

If General Yakubu Dan-Yumma Gowon was the most consequential military leader Nigeria has ever had, Chief Obafemi Jeremiah Oyeniyi Awolowo, was the single most consequential leader and public figure beginning with his premiership in 1954.

Above all else, he was a family man, a good man, a good Nigerian, and a Pan-Africanist. He was better than most and far better than we thought. That’s Awo for you, a man who’s woven into our consciousness.

Also read: Abolish state of origin: A prerequisite for true national integration

Chief Obafemi Awolowo would have been 117 this year, but he died at 78 in 1987 at his home in Ikenne, Ogun State. Chief Hannah Idowu Dideolu Awolowo, affectionally called HID, was Awolowo’s “jewel of inestimable value.” He had said of her: “I do not hesitate to confess that I owe my success in life to three factors: the Grace of God, a Spartan self-discipline, and a good wife. Our home is to all of us, a true haven; a place of happiness, and of imperturbable seclusion from the buffetings of life.” HID was born in Ikenne, in1915 and passed in 2015 in the same locality. She was 99. It was a union and a marriage that lasted for five glorious decades.

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