The Federal High Court in Lagos has dismissed an application for an interlocutory injunction filed by Watercress Hotel International Limited and its co-plaintiff, Samuel Ayinde, against the Advertising Regulatory Council of Nigeria, ARCON and the Attorney General of the Federation, further strengthening judicial support for ARCON’s regulatory authority.
In a ruling delivered earlier this month, the court declined to grant the interim reliefs sought by the plaintiffs and relied on previous judgments that upheld ARCON’s statutory powers to regulate advertising practices in Nigeria.
The court referenced the April 2025 decision in the case involving Digi Bay Limited, operators of Betway Nigeria, where ARCON’s authority to regulate digital and social media advertising targeted at Nigerian audiences was affirmed. It also cited the November 2025 judgment in Godec Power Nigeria Ltd. v. ARCON, which upheld the validity of the ARCON Act, 2022.
Addressing one of the key arguments raised by the plaintiffs, the court ruled that content published on a private social media account is not automatically exempt from ARCON’s oversight. According to the court, the determining factor is the nature and purpose of the communication rather than the platform on which it is published.
Legal observers noted that the ruling narrows the scope of the “private platform” defence that has increasingly been raised in disputes involving advertising regulation on social media and digital platforms.
The court also held that the plaintiffs failed to provide sufficient and credible evidence to substantiate claims relating to an alleged bench warrant they sought to restrain, thereby undermining the basis of the application.
Consequently, all reliefs sought in the interlocutory application were refused.
While dismissing the application, the court clarified that the ruling was preliminary and did not amount to a final determination of the substantive issues raised in the suit. The court granted accelerated hearing of the matter and adjourned proceedings to October 26, 2026.
Parties were directed to file and exchange all pending applications within stipulated timelines to facilitate the expeditious resolution of the case.
The latest ruling marks another judicial endorsement of ARCON’s regulatory framework and its mandate to oversee advertising activities across traditional and digital media platforms in Nigeria.
