ARCON N60bn Fine: Facebook Knows Fate On May 14

Justice Yelim Bogoro of the Federal High Court in Lagos will on May 14 deliver judgment in the case between Facebook Nigeria Operations Limited (FNOL) and the Advertising Regulatory Council of Nigeria (ARCON) concerning a N60 billion fine imposed on it by the council.

Justice Bogoro fixed the date after the parties to the suit, which challenged ARCON’s authority to impose fines without due process under the ARCON Act of 2022, had adopted their written addresses.

The dispute started with a notice dated October 21, 2024, in which ARCON accused Facebook Nigeria Operations Limited of repeatedly running targeted ads on Facebook and Instagram without prior approval from the Advertising Standards Panel.

Based on the alleged violations, ARCON fined FNOL N60 billion under sections 34(3) and 54 of the ARCON Act.

But in the suit, FNOL (plaintiff) argued that it does not operate or control Facebook or Instagram, which Meta Platforms, Inc., a Delaware-registered company, owns.

The company, therefore, urged the court to nullify ARCON’s notice and prevent future fines, arguing that fines imposed without a fair hearing violate Nigeria’s Constitution and section 57(4) of the ARCON Act.

During the hearing, FNOL’s lawyer, Mofesomo Tayo-Oyetibo (SAN), emphasised the constitutional right to a fair hearing and noted that FNOL has never operated the platforms in Nigeria.

Tayo-Oyetibo further argued that the ARCON Act does not allow the agency to impose criminal sanctions, a function reserved for the courts.

However, ARCON’s lawyer, Olatunde Kehinde, contended that FNOL’s lawsuit was inadmissible, asserting that the company had implicitly acknowledged responsibility for the alleged violations and that the case warranted a full trial instead of a summary summons.