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COURT AFFIRMS LOCAL GOVERNMENTS’ EXCLUSIVE POWER OVER OUTDOOR ADVERTISING, REBUKES ARCON OVER OVERREACH

Bello Akin by Bello Akin
November 18, 2025
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COURT AFFIRMS LOCAL GOVERNMENTS’ EXCLUSIVE POWER OVER OUTDOOR ADVERTISING, REBUKES ARCON OVER OVERREACH
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In a landmark judgment that could significantly reshape Nigeria’s advertising regulatory landscape, a Federal High Court sitting in Lagos has ruled that the authority to control and regulate outdoor advertising lies solely with Local Government Areas (LGAs), not the Advertising Regulatory Council of Nigeria (ARCON).

Justice Akintayo Aluko, delivering judgment in suit number FHC/L/CS/1044/2025, held that the Nigerian Constitution expressly vests the control of outdoor advertising structures, including billboards, signage, and hoardings, within the jurisdiction of local government councils.

Any attempt by ARCON to interfere with or usurp those powers, the court stated, amounts to an unlawful encroachment on constitutionally assigned responsibilities.

The case was instituted by Massilia Motors Limited, which challenged a violation notice issued to it by ARCON, as well as a criminal summons subsequently filed against the company by the Advertising Offences Tribunal.

In its arguments, Massilia Motors maintained that ARCON had no legal backing to regulate outdoor advertising installations, insisting that only the LGAs are empowered to do so.

Justice Aluko agreed, ruling that ARCON’s actions fell outside the scope of its statutory mandate, and reaffirming that the constitutional provisions on outdoor advertising remain unequivocal.

The ruling is expected to have far-reaching implications for regulatory practice, revenue generation, and governance at the local level, as LGAs reclaim full authority over the outdoor advertising space previously contested by ARCON.

Industry players and government stakeholders are already reviewing the judgment to assess its impact on ongoing and future advertising activities nationwide.

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