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Facebook vs ARCON: Presidential Aide O’tega Ogra Got It Wrong And Should Not Drag Presidency Into Murky Waters

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By Ewa Izuchukwu

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It was barely weeks after my honest review that raised questions about Justice Bogoro’s judgment setting aside ARCON’s ₦60 billion notice against Facebook Nigeria, when I got a rejoinder from a surprising and an unexpected source.

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

It’s not from Facebook Nigeria, not from Meta’s regional or global policy office, but from our own O’tega Ogra, the Senior Special Assistant to the President on Digital Communications, Engagement and New Media Strategy. His piece, “The Facebook Nigeria Judgment Is Not a Defeat for Consumers. It Is a Victory for the Rule of Law,” summarily argues that the ruling strengthens institutional discipline rather than weaken consumer protection.

Ordinarily, public debate is healthy. Counter-arguments strengthen democratic discourse. But before engaging the substance of Ogra’s arguments, there is an important question that deserve serious considerations, answers: why has a presidential aide become the most visible public defender of a judgment obtained by Meta when the company itself has chosen silence?

Ogra’s writer profile at the end of the rejoinder discloses that he is also Vice President of the Association of Advertisers in Nigeria (ADVAN) and a member of the governing council of the World Federation of Advertisers.

Those are legitimate affiliations. But again, is he speaking as the President’s communications adviser? As an ADVAN executive? Or simply as a private citizen exercising his right to free expression?

The distinction matters because each role carries different responsibilities. When a senior presidential spokesman publicly champions a position that substantially aligns with the interests of a multinational technology company in litigation against a regulatory agency, perceptions matter as much as intentions.

Whatever he intended, the impression created is that the Presidency through its Ogra its spokesman has entered a dispute against a federal government agency. That is an impression no presidential aide should willingly create.

Interestingly, while ADVAN has maintained its longstanding disagreements with ARCON over ongoing advertising industry reforms, its President, Osamede Uwubanmwen, and its Board of Trustees Chairman, Aare Fatai Odeshile have appeared to be relatively restrained in publicly prosecuting this latest chapter of that disagreement. Instead, Ogra has emerged as the new ADVAN spokesman on industry matters.

Whether by design or circumstance, he now appears to be carrying the public argument that others within the association have largely avoided. That should concern him.

A presidential spokesman should be careful not to blur the distinction between public office and negative industry issues, particularly on matters where government itself has a direct stake through one of its regulatory agency.

The Office of the President should not be perceived as attacking a regulatory agency in the media or championing foreign interests ahead of national and consumer interests.

Is this really something to celebrate?

Setting personalities and motives aside and examining Ogra’s main claim, the court did not shield Meta from the law, only that ARCON failed to prove Facebook Nigeria’s relationship to Meta with admissible evidence rather than commercial assumption. But look at what proving that relationship “properly” actually requires in practice.

In the earlier related Abuja suit FHC/ABJ/CS/1701/2022, filed in September 2022, ARCON had gone the route Ogra says the law demands. It sued Meta Platforms Incorporated directly, and on 30 March 2023 the court granted leave to issue and serve the originating summons on Meta in the United States!

If that is what “doing it properly” looks like, then the rule of law Ogra is celebrating is one that only a well-resourced regulator, or a well-resourced litigant, can actually afford to invoke.

An ordinary Nigerian consumer deceived through advertising on Facebook cannot realistically litigate against Meta in California or Delaware. So while lawyers may applaud procedural purity, consumers are left asking a simpler question: who protects us?

Consumer protection is not exclusive to one regulator

It is disappointing that as a senior presidential aide, Ogra does not know that all government agencies have overlapping functions and all government regulatory agencies have consumer protection as their primary mandate, and that is why he would argue that ARCON is not Nigeria’s consumer protection regulator and that this responsibility belongs to the Federal Competition and Consumer Protection Commission (FCCPC).

Government agencies routinely enforce laws within their respective sectors where consumer welfare is implicated. NAFDAC prosecutes misleading advertisements relating to regulated products.

The Central Bank intervenes where financial promotions breach banking regulations. The Securities and Exchange Commission acts against unlawful investment promotions.

The Nigerian Communications Commission protects telecommunications subscribers. None of these agencies declines responsibility simply because the FCCPC also has consumer protection powers.

In fact, quite recently, the National Drug Law Enforcement Agency (NDLEA) recently secured the conviction of a social media content creator for promoting cannabis online.

The court sentenced him to seven years’ imprisonment after finding him guilty under the NDLEA Act for using social media to advertise cannabis products.

The NDLEA did not conclude that because the offending conduct involved advertising, it should wait for ARCON to act. Nor did it argue that advertising regulation fell exclusively within another regulator’s jurisdiction.

It acted because the offence touched directly on its statutory mandate. That is how sectoral regulation works. Government agencies exercise powers within their enabling laws, even where those powers intersect with advertising, consumer welfare or public safety.

The evidentiary bar Ogra defends is not the one Nigerian courts actually apply

Ogra insists that “commercial reality and legal proof are not always the same thing,” and that courts cannot repair a regulator’s evidentiary gaps. That would be a stronger argument if our courts had, in fact, been applying that standard consistently. They have not.

In January, a Lagos High Court in Femi Falana, SAN v. Meta Platforms Inc. held Meta liable as a joint data controller for content on Facebook without requiring Falana to first construct an elaborate paper trail proving Meta’s ownership and control of the platform; the relationship was treated as established fact, because it plainly is.

The Competition and Consumer Protection Tribunal reached a $220 million judgment against “Meta Platforms Incorporated (Facebook) and WhatsApp LLC” jointly on the same basis.

Our law also already possesses a doctrine built for exactly this situation, which is piercing the corporate veil, applied by the Supreme Court in Marina Nominees Ltd v. Federal Board of Inland Revenue to look behind a company shown to be acting as another’s agent, and invoked whenever, per Oyebanji v. State, a corporate form is used to dupe or evade.

None of these courts demanded that a claimant first litigate Meta’s corporate structure from scratch. Only Justice Bogoro’s court did. If Otegra’s “rule of law” means anything, it should mean consistency… the same platform, the same country, should not be a proven data controller in one courtroom and a legal stranger to its own product in another.

As referenced in my earlier piece, Nigeria is not the first place Meta has reached for corporate separateness as a shield, and Ogra’s “burden of proof” framing collapses when set against how other courts have treated the identical argument.

In Kenya, Meta spent years insisting it could not be held responsible for Facebook content moderators because they were technically employed by an outsourcing contractor, Sama; Kenya’s employment court rejected that, and the Court of Appeal upheld the rejection, holding that Meta was the real employer because the moderators did Meta’s work under Meta’s control.

In Australia, Facebook Inc argued in litigation brought by the country’s privacy regulator that only its Irish affiliate, not Facebook Inc itself, conducted business in Australia; the Full Federal Court rejected that, and separately refused Facebook Inc’s own attempt to escape service of the very kind of cross-border process Ogra treats as an unavoidable technicality here.

Ireland’s Data Protection Commission, dealing with the very corporate architecture Meta uses to route around accountability, fined the Irish subsidiary itself €1.2 billion rather than accepting that the structure shielded anyone.

In each of these markets, courts and regulators found a way to hold the platform to account without first demanding a documentary trail that, in practice, only Meta’s own internal filings could ever fully. Indeed, Nigeria’s outcome is the outlier, not the norm.

Mr. Ogra ends his article by urging ADVAN to help foster reconciliation between advertisers and regulators.

That would have been commendable had ADVAN not spent years engaged in legal confrontation with ARCON over issues bordering on regulatory authority.

Let me stop here by emphasizing that the larger issue is no longer whether the presidential aide is entitled to his opinion. Every Nigerian enjoys that right.

The real issue is whether he should be the one leading what increasingly appears to be an industry campaign against a statutory agency of the same Federal Government he has been appointed to serve.

If Mr. Ogra wishes to be the public face of ADVAN’s long-running disagreements with ARCON, that is entirely his prerogative. But public office comes with obligations that demand restraint, neutrality and an acute awareness of perception.

The Office of the President should never be seen, rightly or wrongly, as taking sides in a dispute involving one of its own regulatory agencies and a multinational corporation.

That is why Mr. Ogra should reflect carefully on the implications of his intervention. If he believes so strongly in ADVAN’s cause that he intends to become one of its principal public advocates in its continuing contest with ARCON, then the honourable course would be to first relinquish his role as Senior Special Assistant to the President.

He cannot effectively wear the hat of a presidential spokesman while simultaneously projecting himself as a leading voice in a battle that pits an industry association against an agency of the Federal Government.

This is more so as every response directed at him in this matter inevitably risks being interpreted as a response to the Presidency itself.

That serves neither President Bola Tinubu, whose office ought to remain above such industry disputes, nor the integrity of government institutions.

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

Public confidence is not strengthened when a presidential aide appears to be publicly undermining one regulator while defending the legal victory of a private multinational company.

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Opinion

Collapse After a Landslide: Starmer’s Fall May Not be The Last

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Starmer

By Azu Ishiekwene

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It was painful to watch him outside No.10 on Monday. Despite his immaculate suit and well-groomed hair, British Prime Minister Sir Keir Starmer looked like he was facing a public execution.

Also read: Governor Dauda Lawal Signs Landmark Education Reform Orders, Rolls Out National Curriculum in Schools

The bespoke podium, which had been in use since David Cameron’s tenure, looked more like a stake, and Starmer’s valedictory like a miserere before the bullets would be discharged.

The carnage that British politics has become has just claimed its sixth prime minister in a decade. Britain is not doing as badly as Italy – yet – which had 50 governments and 15 prime ministers between 1946 and 1994, but at the current rate, it’s not doing badly at becoming Europe’s next Britaly, as The Economist once described it.

Which is all difficult to understand, given that for the two-and-a-half years of his premiership, Starmer never failed to remind voters that he came to power in one of the largest electoral landslides in recent British history.

Not entirely untrue. Labour won 411 of the 650 seats in the House of Commons, a majority of 174 seats over all other parties combined. Starmer’s Labour was the largest party in England, Scotland and Wales, and the first government since 2010 to end 14 years of Conservative rule.

Landslide, backslide

So, what happened? Boris Johnson, who had a chaotic and scandal-ridden premiership, has suggested that Starmer won because the Conservatives collapsed rather than due to voter enthusiasm for Labour.

He told Sky News that Starmer lost because he was a stumbling block who stood in the way instead of providing vision and leadership, virtues that I’m not sure Johnson would recognise, even in plain sight.

He was being half-clear. He conveniently forgot that his wrong-headed decision to remove Britain from the European Union is part of the price his successors, including Starmer, have had to pay. Starmer’s successor, Andy Burnham, will also be paying for it.

A study by researchers affiliated with institutions including the National Bureau of Economic Research and the Bank of England estimated that by 2025, Brexit had reduced UK GDP by between six and eight per cent relative to a non-Brexit scenario.

Business investment was down nearly 18 per cent, while productivity and employment also went down.

Post-Brexit, the British economy has been fragile, and the cost-of-living crisis has taken a toll on the middle class and pensioners. Young British adults are poorer than their parents were.

Complications, complications

Yet, none of this should have come as a surprise to Starmer. He knew that the economy was fragile, that the cost of living was rising, and public services were stretched when he campaigned to provide economic stability, fiscal discipline and a competent government.

When he positioned himself as everything to everyone, that strategic ambivalence helped him to win; it couldn’t keep him in power.

He not only knew the mess that Brexit had left the country in, but he also knew that the country was yet to fully recover from the COVID-19 supply chain disruptions and massive payouts, which added billions of pounds to the national debt, apart from the losses to fraud, estimated by a Reuters report at £10.9 billion.

The US-Israel war on Iran has piled on the chaotic fallouts of the Russia-Ukraine war, raising food prices and energy costs around the world and forcing many UK households to deal with levels of inflation that they had not experienced for years.

Every UK prime minister after Johnson – from Liz Truss to Rishi Sunak and Starmer – has had to contend with the economic legacy of three successive shocks: Brexit, the pandemic, the war in Ukraine, and now, the Middle East crisis.

Politics, poetry and prose

Yet, when politicians campaign, their poetry distorts our common sense, and we’re seduced by the hope that perhaps, just perhaps, it might be different this time.

But Starmer knew there was not much he could do. When he said before the election that Labour would not increase taxes, for example, he knew he would not find the money to plug the hole. So, he was forced to make a U-turn.

When he promised welfare reforms and fiscal discipline, he knew he was speaking with both sides of his mouth. But that was what his voters, especially his base and the campaign groups, wanted to hear.

And when he promised a clean, competent government – a departure from the sleaze years – Peter Mandelson was smiling, waiting to snooker him. The outcome was a shambles for the government’s reputation.

And when Starmer was boasting about a landslide, he knew that the result of the election that brought him to power was more nuanced. It was a victory by default.

While Tony Blair, for example, won 43.2 per cent of the popular vote share in 1997, Starmer won only 33.7 per cent, reflecting a far narrower popular mandate than he cared to admit publicly.

According to a YouGov Poll, among the people who voted Labour in 2024 and then participated in the 2026 local elections, only 46 per cent remained with Labour.

About 22 per cent moved to the Greens, 16 per cent to the Liberal Democrats, while 6 per cent moved to Reform UK.

With a drastic decline in public trust of politicians and public institutions, it’s not surprising that Starmer’s landslide fizzled before he could fully milk it.

The palace coup that forced out the Prime Minister was not because Labour MPs loved him less, but because they love themselves more.

Wheeling in Burnham from the shadows to No.10 was a move by the Backbenchers to buy time and fend off the lunacy of Nigel Farage’s Reform UK Party.

Talking big

Burnham has started by announcing big, obviously more left-wing Labour policies, from removing VAT on domestic electricity bills for six months to restoring the £2 cap on single bus fares across England, and from expanded housebuilding to greater public investment outside London.

He has also talked about increasing defence spending, while whispers of “nationalisation” have even been heard.

But it won’t be long before he might stumble on the question that has snagged his six predecessors: where will the money come from? Once upon a United Kingdom, when the country was at the peak of its powers, it controlled nearly 20 per cent of the world’s manufacturing output, which, of course, was after it robbed India, among others, of its pre-industrial manufacturing dominance and converted it into a primary producing country.

At the height of Britain’s influence, one-quarter of the earth’s surface was its farmland. Those days are gone.

Copying Italy?

The world has changed since Britannia ruled the waves. While Britain remains one of the world’s leading economies, its current sunset phase has taken a heavy toll on its prosperity.

Strong alignment with NATO and the European Community, which later became the EU, helped Italy navigate its turbulent years. Unfortunately, Britain chose to leave the EU when it needed it most.

The last thing the country needs is a premier who sells hope at a high price. Burnham positioned himself as a beacon for his stranded Labour Party.

Also read: Governor Dauda Lawal Signs Landmark Education Reform Orders, Rolls Out National Curriculum in Schools

Yet his record in Manchester urges caution. Already, he is making expensive, even extravagant promises that may come back to bite him. At this rate, he may well not be the last prime minister before the general election in 2029.

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Wole Soyinka at 92: Nigeria’s literary titan, Africa’s conscience and global intellectual powerhouse

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Wole Soyinka

By Ehi Braimah

There are writers, there are intellectuals, and there are moral giants whose influence transcends literature to shape the conscience of nations.

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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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