Court Sets May 14 For Judgment In Facebook Nigeria vs ARCON N60 Billion Fine Dispute

Justice Yelim Bogoro of the Federal High Court, Lagos, on Wednesday fixed May 14, 2026, for judgment in the high-profile legal battle between Facebook Nigeria Operations Limited (FNOL) and the Advertising Regulatory Council of Nigeria (ARCON) over a disputed N60 billion fine.

Filed under FHC/L/CS/2205/2024, the case challenges ARCON’s authority to summarily impose fines on FNOL for alleged breaches of the Advertising Regulatory Council of Nigeria Act 2022 (ARCON Act).

The dispute arose from a notice dated October 21, 2024, in which ARCON alleged that FNOL had repeatedly displayed advertisements targeting the Nigerian market on Facebook and Instagram without prior approval from the Advertising Standards Panel.

ARCON subsequently imposed the N60 billion fine, claiming FNOL had violated sections 34(3) and 54 of the ARCON Act.

FNOL maintained that it neither operates nor controls the platforms where the alleged violations occurred, asserting that Facebook and Instagram are owned and managed by Meta Platforms, Inc., a company registered in Delaware, United States.

Through an originating summons, FNOL approached the Federal High Court seeking declaratory and injunctive relief to nullify ARCON’s notice and prevent the issuance of similar fines in the future.

It argued that imposing fines without a fair hearing violates both the Constitution of the Federal Republic of Nigeria and section 57(4) of the ARCON Act, which mandates a fair hearing for any alleged violator.

During Wednesday’s proceedings, FNOL’s lead counsel, Mofesomo Tayo-Oyetibo, SAN, told the court that the Constitution guarantees the company the right to a fair hearing, especially when criminal allegations are involved.

He stressed that FNOL has never operated Facebook or Instagram in Nigeria and therefore could not have committed the alleged infractions.

He also argued that the ARCON Act does not empower the Council to impose criminal sanctions, which are reserved exclusively for courts.

In response, ARCON’s counsel, O.S. Kehinde, contended that FNOL’s suit was incompetent.

He argued that by filing the action, FNOL had implicitly accepted responsibility for the alleged violations and that the matter was inherently contentious, requiring a trial rather than summary adjudication via an originating summons.

Justice Bogoro adjourned the case to May 14, 2026, for judgment.