The Advertising Regulatory Council of Nigeria (ARCON) has unexpectedly withdrawn its high-profile lawsuit against Meta Platforms Incorporated. The regulatory body filed a notice of discontinuance before Justice Peter Lifu of the Federal High Court in Abuja, signaling a strategic shift in its approach.
This legal battle, which began on September 23, 2022, involved ARCON filing Suit FHC/ABJ/CS/1701/2022 against Meta and AT3 Resources Limited. Initially presided over by Justice A.M. Mohammed, the case was transferred to Justice Peter Lifu in 2023 after Mohammed’s retirement.
The conflict originated when the House of Representatives directed ARCON to regulate advertisements on social media platforms. ARCON’s efforts to engage various platforms reportedly faced resistance from Meta, leading to the lawsuit.
In an interview, Dr. Olalekan Fadolapo, Director General of ARCON, stated: “This withdrawal is not a retreat but a tactical redeployment. Since the writ was filed on October 13, 2022, we have observed ongoing violations of the Nigerian advertising code by Meta and its subsidiaries. The lack of progress in bringing the case to trial over the past two years has necessitated a reevaluation of our strategy. Management is doing this to ensure that all social media platforms operate within the ambit of the law.”
Legal expert Barrister Oloyede Lateef explained the significance of ARCON’s move. “There’s a crucial tactical difference between a case being dismissed and one being struck out. A dismissed case is essentially dead and cannot be revived. However, a struck out case, which is what we have here, can always be brought up again. This gives ARCON the flexibility to reintroduce the case in the future if necessary.”
Industry observers are divided on the regulation of digital media in Nigeria. However, many view ARCON’s decision to file for discontinuance as pragmatic. “For a case that hasn’t gone to trial in two years, this was the logical move,” stated a senior advertising executive who wished to remain anonymous. “The issue of digital media regulation is a very complex one, but it’s crucial to sanitize that space.”
ARCON’s withdrawal marks a strategic pause rather than an end to its regulatory efforts, with plans to reassess and potentially refile the case to ensure compliance with Nigerian advertising laws.
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