A federal high court in Lagos has determined that exclusive authority over outdoor advertising lies with LGAs, rather than the Advertising Regulatory Council of Nigeria (ARCON).
In the judgment for suit FHC/L/CS/1044/2025, presiding judge Akintayo Aluko held that the constitution expressly places oversight of outdoor advertising and hoardings under the jurisdiction of local government councils.
The judge said any attempt by ARCON to take on that role amounts to an unlawful assumption of powers it does not legally possess.
The case was initiated by Massilia Motors Limited, which contested a violation notice issued by ARCON as well as a criminal summons from the advertising offences tribunal.
Aluko, in his ruling, voided both actions and stated that ARCON had exceeded the boundaries of its constitutional mandate.
He also invalidated the requirement for advertisers to obtain prior approval from the Advertising Standards Panel (ASP) before publishing any material, calling the provision unconstitutional and therefore unenforceable.
Reacting to the decision, Kolawole Mayomi, counsel for Massilia Motors, said the ruling reinforces the limits of ARCON’s authority and vindicates his client’s position.
He praised Massilia Motors for contesting what he described as the “arbitrary and unconstitutional” sections of the ARCON Act, noting that the ruling offers much-needed clarity to the industry.
Mayomi also applauded the Advertisers’ Association of Nigeria (ADVAN) for its sustained advocacy, referring to the judgment as “a breath of fresh air” for proper and transparent regulation in Nigeria’s marketing communications space.
