Legal Showdown: Court Blocks FG’s ₦60bn Fine Demand On Facebook

The Federal High Court in Lagos has granted an interim injunction restraining the Advertising Regulatory Council of Nigeria (ARCON) from enforcing a ₦60 billion demand against Facebook Nigeria Operations Limited for alleged violations.

Justice Yellim Bogoro issued the order on December 12, 2024, following an ex-parte motion filed on November 29 by Facebook’s counsel, Mofesomo Tayo-Oyetibo (SAN).

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EKO HOT BLOG reports that the judge, after reviewing the application, ruled that there was merit in the request and partially granted the reliefs sought.

Justice Bogoro stated: “An interim order of injunction is hereby made, pending the determination of the Motion on Notice, restraining the defendant from enforcing or further enforcing the notice of violation issued to the applicant.” The matter was adjourned to February 20, 2025, for further hearing.

Facebook’s motion sought to challenge ARCON’s October 21, 2024, notice of violation and ₦60bn fine. It argued that the notice was unconstitutional, violated fair hearing rights, and exceeded ARCON’s legal authority under the Advertising Regulatory Council of Nigeria Act, 2022.

The social media giant claimed that ARCON had threatened to prosecute the company in the Advertising Offences Tribunal if its demands were not met. Facebook also highlighted concerns over potential bias, as ARCON appoints prosecutors and tribunal members.

The firm contended that allowing criminal proceedings while the constitutionality of ARCON’s notice was under court review would be oppressive and a misuse of judicial processes. Facebook further sought to prevent ARCON from instituting proceedings that could undermine the pending lawsuit.

Justice Bogoro’s interim order aims to preserve the status quo until a substantive determination is made.

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