The Federal High Court sitting in Lokoja has issued a landmark judgment affirming the constitutional validity, scope, and enforceability of the Advertising Regulatory Council of Nigeria (ARCON) Act 2022, over the outdoor advertising in Nigeria.

The judgment, delivered on November 12, by Justice Isa Dashen, dismissed in its entirety the suit filed by Godec Power Nigeria Ltd and upheld ARCON’s powers over advertising content across all platforms in the Federation and targeted at the Nigerian market.

The ruling comes barely few days after a separate Federal High Court in Lagos reached a different conclusion in the Massilia Motors v. ARCON case, affirms the constitutionality the ARCON Act.

The plaintiff, Godec Power Nigeria Ltd, had approached the court seeking declarations that ARCON lacked powers to regulate or have oversight function on outdoor signage, arguing that these matters fall within the exclusive control of Local Government Councils under paragraph 1(k)(i) of the Fourth Schedule to the Constitution.

Godec also argued that ARCON’s Notice of Violation, which directed the company to comply with the ARCON Act 2022, infringed on its fundamental rights to freedom of expression. The plaintiff sought 13 reliefs, including a perpetual injunction restraining ARCON from enforcing the Act; and N100 million in general damages.