The Federal High Court in Lokoja has affirmed the constitutional validity of the Advertising Regulatory Council of Nigeria (ARCON) Act 2022, confirming the agency’s authority to regulate outdoor advertising nationwide.
Delivering judgment on 12 November 2025, Justice Isa Dashen dismissed a suit filed by Godec Power Nigeria Ltd, which had argued that outdoor signage falls exclusively under the jurisdiction of local government councils and that ARCON’s notice of violation infringed its right to freedom of expression.
Godec Power had sought 13 reliefs, including an injunction to stop ARCON from enforcing the Act and ₦100 million in general damages, but the court rejected all claims.
Justice Dashen held that advertising regulation is not solely a residual matter for local governments and that the National Assembly acted within its constitutional powers in enacting the ARCON Act.
He further ruled that the Act’s pre-approval requirement for advertising materials is a lawful regulatory measure intended to ensure decency, truthfulness, and fairness in public communication, rather than a suppression of expression.
The court also clarified that ARCON’s regulatory reach extends to anyone who engages in, regulates, sponsors, or benefits from advertising services, not just professional advertisers.
As part of the judgment, Justice Dashen awarded ₦500,000 in costs to each defendant — the Attorney-General of the Federation and ARCON.
