Judgment Date Set for May 14 in Facebook's Legal Battle Against ARCON

Justice Yelim Bogoro of a Federal High Court in Lagos has postponed judgment in a high-stakes case between Facebook Nigeria Operations Limited and the Advertising Regulatory Council of Nigeria until May 14, 2026, over a contentious N60 billion fine.

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The dispute centers on Facebook Nigeria Operations Limited's challenge to the Advertising Regulatory Council of Nigeria's authority to impose fines without due process for alleged breaches of the Advertising Regulatory Council of Nigeria Act 2022.

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The controversy began with a notice dated October 21, 2024, in which the Advertising Regulatory Council of Nigeria accused Facebook Nigeria Operations Limited of displaying advertisements on Facebook and Instagram without prior approval from the Advertising Standards Panel.

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The Advertising Regulatory Council of Nigeria subsequently imposed a N60 billion fine, citing Facebook Nigeria Operations Limited's alleged violation of sections 34(3) and 54 of the Advertising Regulatory Council of Nigeria Act.

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Facebook Nigeria Operations Limited contends that it does not operate or control the platforms where the alleged infractions occurred, emphasizing that Facebook and Instagram are owned and managed by Meta Platforms, Inc., a company registered in Delaware, United States.

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In its lawsuit, Facebook Nigeria Operations Limited is seeking declaratory and injunctive relief to nullify the Advertising Regulatory Council of Nigeria's notice and prevent similar fines from being issued in the future.

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During the proceedings, Facebook Nigeria Operations Limited's lead counsel, Mofesomo Tayo-Oyetibo, SAN, argued that the Constitution guarantees the company's right to a fair hearing, particularly in cases involving criminal allegations.

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In response, the Advertising Regulatory Council of Nigeria's counsel, O. Kehinde, countered that Facebook Nigeria Operations Limited's lawsuit was incompetent, suggesting that by filing the action, the company had implicitly accepted responsibility for the alleged violations.

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O. Kehinde further argued that the matter was too contentious for summary adjudication via an originating summons and required a trial instead.

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Justice Yelim Bogoro has adjourned the case until May 14, 2026, to deliver judgment.