Nigerian Courts Divided on ARCON's Constitutional Powers in Advertising Regulation

The Nigerian legal landscape is embroiled in a debate over the constitutional powers of ARCON following the enactment of the Advertising Regulatory Council of Nigeria (ARCON) Act 2022. Recent court decisions have produced conflicting interpretations on whether ARCON has the authority to regulate outdoor advertising.

Justice Akintayo Aluko in Lagos declared ARCON's power unconstitutional in relation to outdoor advertising, while Justice Isa H. Dashen in Lokoja upheld ARCON's authority.

The cases involved Massilia Motor challenging ARCON's actions, with different outcomes in each jurisdiction, highlighting the legal uncertainty surrounding ARCON's regulatory scope.