Federal High Court sitting in Lagos has declared that Advertising Regulatory Council of Nigeria (ARCON) has the legal authority to regulate advertising across all media platforms, including traditional outlets such as print and broadcast, as well as digital and social media.

The landmark ruling strengthens the regulatory powers of the Advertising Regulatory Council of Nigeria.

The ruling was delivered by Honourable Justice Aluko in Suit No. FHC/L/CS/1262/2024, filed by Digi Bay Limited (trading under the name and style of Betway Nigeria), Super Group Limited, and Otunba Kunle Olamuyiwa against the Attorney General of the Federation and ARCON.

The originating summons, dated 12 July 2024, sought a judicial determination of ARCON’s powers, particularly concerning advertising content published on digital platforms and by individuals not registered as advertising practitioners.

The court held that ARCON possesses the statutory authority to regulate all forms of advertising, regardless of the platform on which they appear.

The judgement also stated unequivocally that ARCON’s regulatory mandate extends beyond registered advertising agencies and includes private individuals who engage in advertising activities.

Justice Aluko emphasised that the determining factor is the nature of the activity—advertising—not the status of the individual or entity as a practitioner or non-practitioner.

One of the most significant outcomes of the ruling was the court’s position on social media regulation, affirming that ARCON, as the apex regulatory body in the nation’s advertising ecosystem, has the power to regulate advertisements on platforms such as Instagram, despite being privately owned.

The court noted that social media platforms are publicly accessible spaces used to broadcast advertising to wide audiences and, as such, fall under ARCON’s jurisdiction.

Regarding whether ARCON has the power to impose sanctions or fines on erring individuals or entities, the court provided clarity by affirming that ARCON may issue letters of violation or notices of infractions.

However, the power to determine and impose sanctions, it stated, resides solely with the Advertising Offences Tribunal, as prescribed by law.

The court also ruled that all advertising content—whether created by agencies, organisations, or individuals—must be vetted and approved by ARCON before being published or aired.

This decision reinforces ARCON’s role as the central authority responsible for ensuring that all advertising materials conform to ethical and professional standards, regardless of the platform.

Several practitioners in the nation’s advertising sector view the judgement as a significant legal victory for ARCON, especially in light of the increasing challenges it has faced since transitioning from the Advertising Practitioners Council of Nigeria (APCON) to ARCON under a revised legal framework, which extended the scope and influence of its powers.

In recent years, the agency has faced legal and media scrutiny from various quarters regarding the extent of its regulatory powers, particularly in the rapidly growing and often unregulated digital advertising space.

The decision, they argued, will have far-reaching implications for content creators, influencers, advertisers, and brands operating within the country, as compliance with ARCON’s vetting and regulatory processes becomes legally binding.

The ruling also signals a new phase in Nigeria’s advertising industry, where regulatory oversight will no longer be limited to traditional media and certain digital channels but will encompass the entire spectrum of public communication.

The federal government and the United Kingdom signed an agreement Tuesday to combat the growing threat of cyber-crime. The Memorandum of Understanding was signed following a courtesy visit by David George Hanson, minister of the home office, UK, to the Nigeria Police Force headquarters, Louis Edet House in Abuja.

Transnational crime is a big problem for both the UK and Nigeria, so the governments intend to strengthen existing collaboration efforts to crack down on cyber-criminals and protect their industries from unlawful activities.

Offences such as online fraud, identity theft, digital extortion, and ransomware , operate across many jurisdictions, and frequently necessitate sophisticated cooperation efforts, according to the two governments during a press conference.

Furthermore, Lateef Fagbemi, Nigeria’s attorney-general and minister of justice, established the Joint Case Team on Cybercrime, which aims to address the need for a coordinated and robust approach to combating cybercrime, as stated in the Cybercrimes Act of 2015, which criminalises cyber-related offences.

Hanson underlined the importance of ongoing cooperation efforts to combat international crime in a number of areas, affecting vulnerable individuals.

He said: “We need to look again at how we can build cooperation between the Federal Government, the federal police, and our police forces and National Crime Agency to take action against these international criminals, who are exploiting vulnerable people in a whole range of areas. The National Crime Agency, the Home Office Fraud Department, and the High Commission need to make sure we make a big impact on this transnational crime.”

“The collaboration between the Nigerian Police Force and National Crime Agency continues to serve as a model in international law enforcement cooperation. We have successfully conducted joint operations into many cases of cybercrimes and online fraud. With your [UK government] cooperation, we have continued to bust other criminal networks around the world,” added inspector-general of Nigerian Police Force, Kayode Adeolu Egbetokun.

Corporate Affairs Commission (CAC) has reaffirmed its commitment to enforcing business registration laws in Nigeria, warning that individuals and organizations operating unregistered businesses will face prosecution.

In a statement, the CAC emphasized that conducting business without proper registration violates the Companies and Allied Matters Act (CAMA) 2020, undermining transparency and accountability in the corporate sector.

The commission stressed that registration is not only a legal requirement but also a gateway to formal business opportunities, including access to bank loans, government grants, and partnerships.

The enforcement drive will be nationwide, targeting small and medium-sized enterprises (SMEs), online vendors, and informal traders who have failed to comply despite previous awareness campaigns and registration amnesty windows.

The CAC disclosed that enforcement teams, in collaboration with security agencies, will be deployed to identify and prosecute defaulters.

The commission urged business owners to take advantage of its simplified registration platform to regularize their status, noting that compliance will boost investor confidence and improve Nigeria’s ease of doing business. It warned that ignorance of the law will not be accepted as an excuse.

Business owners are advised to act promptly to avoid legal consequences, as the CAC moves to ensure a more structured and regulated business environment in Nigeria.