The Federal High Court in Lagos has issued an interim injunction restraining the Advertising Regulatory Council of Nigeria (ARCON) from enforcing a hefty N60 billion fine against Facebook Nigeria.
This decision comes amidst ongoing legal proceedings challenging the constitutionality of ARCON's actions. Justice Yellim Bogoro presided over the case, which saw Facebook, represented by its counsel Mofesomo Tayo-Oyetibo (SAN), contesting the legality of ARCON's notice of violation.
The court's ruling followed a detailed review of the affidavit submitted by Folasade Dada and arguments presented by Mr. Tayo-Oyetibo. "I have considered the ex parte application, the reliefs sought, particularly relief number two, the affidavit in support, and the facts deposed therein. I find merit in the application and shall grant the reliefs in part," stated Justice Bogoro.
The judge further ordered that "an interim injunction is granted, pending the determination of the Motion on Notice for an interlocutory injunction."
The dispute traces back to October 21, 2024, when ARCON issued a Notice of Violation/Demand for Compliance to Facebook, citing unapproved advertisements shown to the Nigerian audience.
Facebook challenged this notice, arguing it violated principles of fair hearing and was unlawful under the Advertising Regulatory Council of Nigeria Act 2022.
Facebook also highlighted the potential for criminal prosecution in the Advertising Offences Tribunal if ARCON's demands were not met.
Despite a statutory pre-action notice requesting the withdrawal of this threat, ARCON had not responded.
The tech giant emphasized the urgency of the court's intervention, asserting that ARCON's actions were oppressive and could lead to an abuse of the judicial process.
Facebook argued that initiating criminal proceedings while the constitutionality of the notice was still under challenge would be "oppressive, vexatious, and unconscionable."
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