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Facebook Nigeria vs ARCON’s judgment: Not about fine but consumer protection at risk of vulnerability

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Facebook

By Ewa Izuchukwu,

It’s no longer news that the Federal High Court sitting in Lagos has recently set aside the ₦60 billion regulatory fine the Advertising Regulatory Council of Nigeria (ARCON) impose on Facebook Nigeria Operations Limited (FNOL) in October 2024. Hon Justice Yelim Bogoro’s decision in suit FHC/L/CS/2205/2024 has been reported widely in the days since, and much of that reporting has fixated on the size of fine, sixty billion naira which, as expected will make the headlines.

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Read more: Court Confirms ARCON’s Oversight Powers on Outdoor Advertising

But the fine itself is close to old news, and any editorial honestly reckoning with this judgment has to say so plainly. As far back as April 2025, Justice Akintayo Aluko, sitting in the same Federal High Court in Lagos, had already settled whether ARCON may impose fines directly.

In Digi Bay Limited (trading as Betway Nigeria) v. ARCON, Justice Aluko held that a fine is a judicial act reserved for a competent court or the Advertising Offences Tribunal, not an administrative agency, and declared ARCON’s fine against Betway unconstitutional and void.

ARCON appears to have absorbed that lesson in the cases that followed including Godec Power Nigeria Ltd. v. ARCON in November 2025, Watercress Hotel International Limited v. ARCON in June 2026, as the agency confined itself to regularisation of exposed unapproved adverts and Advertising Tribunal referrals.

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By the time Facebook Nigeria’s case came up for judgment, that question had already been asked and answered a year earlier. Voiding the fine was, by that point, close to a formality.

Which is precisely why the fine is the least interesting part of Justice Bogoro’s judgment, and why the media narrative being pushed largely missed the real story.

The issues that ought to be commanding attention are the fourth and fifth decisions of the Federal High Court which set out to determine whether Meta Platforms Inc. and Facebook Nigeria Ltd are separate and distinct legal entities, and whether Facebook Nigeria acted as an agent of Meta in Nigeria.

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On both counts, the court held that ARCON had failed to discharge the burden of proof, finding no evidence of a corporate nexus beyond the two companies’ separate legal existence, and therefore no basis on which Facebook Nigeria could answer for anything connected to Meta’s platforms. This means, money can be made by Facebook in Nigeria market, but accountability and responsibility will shift to the Head Office in the USA which claimed it’s out of Nigeria’s legal jurisdiction.

Those findings and subsequent decision, not the fine imposed, are what should have produced a press statement or shape media narrative as these are landmark decisions.

The evidentiary gap in the ruling

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The conclusion is, on its face, startling, because the relationship between Facebook Nigeria and Meta is not exactly a secret that requires forensic excavation.

Meta’s own terms of service, unchanged for years, identify Facebook, WhatsApp and Instagram as products of Meta Platforms, Inc. Facebook Nigeria Operations Limited’s very name signals its function as an operating entity for Meta’s Nigerian market, its representatives based in Lagos, its correspondence running through Meta’s own domains.

That such linkages could be found legally unproven raises the question of whether the necessary homework was done by the Hon Court to arrive at finding that runs against easily verifiable commercial reality.

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That concern deepens against the longer background of ARCON’s own dealings with Meta. This was not the regulator’s first attempt to pin accountability on a Meta-linked entity in Nigeria.

In October 2022, ARCON sued Meta Platforms directly alongside its Nigerian agent, AT3 Resources Limited, over the exposure of unvetted advertisements shown to the Nigerian audience, in Abuja.

That Abuja case lingered for close to two years, shuffled between several adjournments, without ever being tested on the merits, before ARCON’s counsel discontinued it in July 2024. It was withdrawn. That withdrawal cleared the ground for the fresh dispute that would eventually surface in Lagos as Facebook Nigeria sue ARCON.

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Particularly interesting is that this is not the first time Nigerian courts have entertained proceedings against Meta without putting the burden of or insisting that litigants first unravel every layer of the company’s global corporate architecture.

Most recently in the Falana v. Meta Platforms Inc. case, the Lagos High Court permitted proceedings arising from the alleged unauthorised use of the human rights lawyer’s name and image on Facebook, treating Meta as the proper party without placing the burden on the claimant to establish the nexus between Meta Platforms Inc. and Facebook before assuming jurisdiction.

Similarly, the Federal Competition and Consumer Protection Commission fined the company $220 million for abusing Nigerian users’ data, treating Meta as answerable in Nigeria without requiring anyone to first prove an elaborate corporate map.

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If one Nigerian regulator could establish that accountability, the difficulty ARCON says it encountered doing something similar deserves closer scrutiny.

Several attempt by META INC to use corporate separateness in other countries failed 

Nigeria is not the only jurisdiction where Meta has tried to use corporate separateness as a shield, and other courts have not been so easily persuaded.

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In Kenya, Meta argued for years that it could not be sued over the treatment of Facebook content moderators because it did not directly employ them.

Kenya’s employment court rejected that, ruling that Meta was the primary employer because the moderators did Meta’s work and were held to its metrics, and that Sama was “merely an agent”; Kenya’s Court of Appeal upheld that decision despite Meta’s claim to be a foreign company outside the court’s reach.

In Australia, the fact pattern was almost identical to Nigeria’s. A case brought by the Australian Information Commissioner concerned Facebook Inc, serving North American users, and Facebook Ireland, serving everyone else; Facebook Inc argued it could not be conducting business in Australia because only Facebook Ireland was, with no assets or revenues of its own there.

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The Full Federal Court rejected that, treating the data-processing arrangement between the two entities as evidence Facebook Inc itself was conducting business in Australia, and separately refused Facebook Inc’s bid to escape service of process.

The European Union offers a third instance, involving the very architecture Meta uses to separate its foreign operations from its American parent. Facebook Inc. routes non-US, non-Canada business through a distinct Irish company, Facebook Ireland Ltd, described in its own filings as the data controller for those users, structured to keep the US parent at arm’s length from foreign regulators.

It did not work indefinitely: Ireland’s Data Protection Commission fined the Irish subsidiary itself a record €1.2 billion and ordered it to halt unlawful transfers to its own parent.

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Even inside the United States, Meta has run the same play against its own government. In a Vermont lawsuit over Instagram’s design and its effects on teenagers, Meta argued it could not be sued there because neither it nor the app had specific ties to the state; Vermont countered that Instagram’s large teen user base there was enough.

The US Supreme Court declined to hear Meta’s appeal in May 2026, leaving it exposed in a suit naming both Meta Platforms, Inc. and Instagram, LLC.

National Security & Who answers when it matters?

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This is where the fixation on fine has led the conversation astray. The money was never really the point but whether anyone in Nigeria can be held to account for what happens on these platforms which is a critical part of the digital economy.

If a court has found, on the evidence before it, that a platform’s local entity bears no legal relationship to the global parent that owns and profits from it, the country has stumbled into a template for regulatory evasion that extends well past Meta, to every multinational platform and organisation doing business in Nigeria.

Facebook and Instagram are not neutral pipes. They are marketplaces where cars, phones, drugs, and, on occasion, weapons and other contraband get advertised to Nigerian audiences; where scams targeting bank accounts run, and where harmful content reaches Nigerian children.

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So, to ask the plain question this judgment leaves hanging… when a fraudulent investment scheme, a counterfeit pharmaceutical, or worse is advertised to Nigerians through Facebook or Instagram, who is answerable in a Nigerian court? If Facebook Nigeria Operations Limited has just been found to bear no proven relationship to the platform it operates, the honest answer is no one in this country. That is a national security and economic-sovereignty question that deserves an urgent answer.

This judgement may start a new window of corporate separateness, become a challenge to accountability and responsibility which multi nationals and global organisation may explore with Nigerians unfortunately being dealt the short end of the stick.

Also read: Napoli Threaten Disciplinary Action Against Lukaku

In the interest of the public, the judiciary owe Nigerians beyond legal technicalities and prima facie evidence, the obligation to do an extensive review on this case to protect the generality of the public. Until then, the fine everyone is talking about is the least of what this judgment may cost the country.

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Opinion

Interrogating Tinubu’s recurring absence at the UN General Assembly…

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Tinubu

By Bola BOLAWOLE,

 

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President Bola Ahmed Tinubu’s decision to skip the ongoing 81st session of the United Nations General Assembly, the third such abstention in a row, has raised eyebrows and sparked speculations.

Also read: Enugu Gov Names Anunobi, Okonkwo as Aides

Expectedly, opposition politicians have wasted no time in feasting on the official announcement that the vice-president, Kashim Shettima, will, once again, stand in for the president.

This trumps an earlier announcement by Jimoh Ibrahim, the country’s Ambassador to the United States/Permanent Representative to the United Nations, that not only would the president attend the annual meeting of world leaders at the UN headquarters in New York, USA, but that a vantage position had been secured for him to sit very close to the maverick United States’ president, Donald Trump!

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Since he assumed the country’s leadership in 2023, Tinubu has yet to attend a single UNGA meeting; so also has he yet to pay either official or private visit to the United States despite that he has reportedly embarked, so far, on 52 foreign trips. He has visited at least 30 different countries across Europe, Asia, Africa, and the Americas, spending approximately 261 days.

As we speak, the president is out of the country on holidays, first to the UK after which he is expected in France. So, is there anything that aileth Tinubu about the United States? That is where the speculation begins; however, it does not end there!

Is President Tinubu deliberately avoiding the United States? Has it got anything to do with the unending controversy and legal battles over the FBI files and Tinubu’s past activities in the United States? He schooled there; he also worked there before returning to Nigeria decades back.

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During the giddy days of the Sani Abacha military dictatorship, the US provided succour and a safe haven for Tinubu and many other pro-democracy activists. What has since changed is the question to ask if the suspicion is that the president is deliberately avoiding the United States.

Or has it got anything to do with the unpredictability of President Trump and the activities of anti-Tinubu politicians here at home and the paid groups doing their bidding in the US? Who dare put anything beyond a president that organized the storming, arrest, and rendition of a sitting foreign leader, hauling him and his wife to the US for trial on drug-related charges, with the country of the leader concerned and the international community as a whole helpless to do anything about it! “What if” then becomes the question should Tinubu set foot on US soil! Is it not better, then, to err on the side of caution?

Another school of thought is that Tinubu’s health might need attention. Unlike in much of the Western world, the secrecy that surrounds the health conditions of Nigerian, nay, African leaders makes it difficult to speak authoritatively on their health conditions.

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And this is not new. Babangida, Abacha, Abdulsalami, Yar’Adua all had rumours swirling around their health conditions while in office. Abacha and Yar’Adua died in office. Buhari spent close to one-third of his tenure shuttling between the country and his doctors in the UK. It has been said, this time around, that Tinubu’s doctors are in France.

With part of his holiday reportedly scheduled to be spent in Charles de Gaulle’s country, could this holiday be another disguised medical tourism? Health is wealth, as they say, and prioritizing one’s health and wellbeing over and above a meeting, no matter how important, can be justified, especially when we have been told that the president can be (adequately?) represented at the UNGA.

Then I asked Google: Is it compulsory that the president lead his country’s delegation to the UNGA? The answer is: No, it is not compulsory for a president or prime minister to lead their country’s delegation to the UNGA.

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Alternatively, the president or prime minister can be represented by the vice president or deputy prime minister, the foreign affairs minister or the country’s permanent representative at the UN who can speak, vote and act on behalf of the country or member-state concerned.

History records that many world leaders have frequently failed to personally attend UNGA due to divergent reasons, such as pressing domestic issues, disasters or local crises needing their personal attention or for health reasons.

Super-power rivalry and politics, and the need to remain non-committal or stay neutral from taking sides on volatile issues have also been known to compel foreign leaders to skip personally attending UNGA.

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When a country’s leader attends the United Nations General Assembly (UNGA) in person, it provides several distinct strategic, diplomatic, and political advantages that cannot be replicated through virtual participation or lower-level delegation.

Some of these advantages are: High-level bilateral diplomacy (the “Margin” meetings); spontaneous networking whereby leaders hold informal, face-to-face meetings on the sidelines (the “margins”) of the assembly, allowing them to resolve disputes or advance treaties quickly.

It also affords the opportunity of building rapport. Personal presence helps build trust and personal relationships between heads of state, which can be critical during international crises.

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Other advantages include enhanced global visibility and influence as UNGA gives leaders a global or world stage to operate from.

A speech delivered in person by a head of state commands significantly more international media attention and diplomatic weight than a pre-recorded video or speech read by a representative.

Some world leaders have been noted for setting agendas on issues of national, regional or international importance at UNGA. Leaders can directly pitch their nation’s foreign policy priorities, economic opportunities, or security concerns to a global audience.

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Personal attendance at UNGA also helps to facilitate efficient multilateral engagement or what is called “mini-Summits” among leaders.

Leaders can participate in localized, high-level side events or regional summits (such as G7, BRICS, or regional blocs like the EU and the African Union) that have been known to convene in New York during the UNGA week. When leaders attend UNGA in person, direct access to decision-makers is made possible.

Smaller or developing nations also can seize the opportunity to have direct, unmediated access to leaders of superpower nations as well as heads of major international organizations like the UN itself, the World Bank and IMF. We can go on and on!

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At the level of individual nations, attending UNGA is said to project an image of strength, global respect, and statesmanship to citizens back at home.

Newly-elected leaders especially use UNGA to announce themselves to the international community to garner support and recognition, to state their goals and set agendas as well as make profound statements on their administration’s foreign policy direction.

UNGA also serves as a formal introduction to the international community and signals the leader’s commitment to global cooperation.

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From the above, it is, without doubt, a disadvantage when leaders absent themselves from UNGA. No matter how “powerful” a substitute representation is, it cannot be the same as when the president or prime minister of a country leads it.

There is what is called “bragging rights” among leaders. Presidents prefer to deal with presidents; vice presidents or foreign ministers will be shuffled down the ladder to discuss with their equivalents or counterparts.

The reverse is the case, however, where presidents of less powerful countries queue or consider it a privilege to have an audience with the foreign affairs minister or envoy of powerful countries such as the US, China, Russia, etc.

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One narrative for Tinubu’s recurring absence at UNGA being spinned by his detractors is the fear of the unknown over the FBI files and Tinubu’s alleged past encounter with the US judicial system.

But a man, once tried and acquitted of criminal charges, cannot be tried again on the same offence except fresh evidence pops up that possesses the likelihood of affecting the outcome of the trial in the opposite direction.

Furthermore, can any harm come the way of a visiting president attending UNGA? Or, put more directly and blatantly, can a foreign leader attending UNGA in New York, USA be arrested for any reason whatsoever by the US authorities? The answer is, no; leaders attending UNGA cannot be arrested, charged or tried in the US because they enjoy immunity.

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Under the UN Headquarters Agreement, the United States has an international obligation to allow accredited representatives entry and transit to the UN as well as respect their diplomatic inviolability.

In like manner, no US state, city, local government or county official possesses the legal power to arrest a protected visiting foreign leader.

From the above, it is most unlikely that President Tinubu stands the risk of being arrested in the US if he chooses to personally attend UNGA.

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What may happen is that demonstrators may mass at the UN headquarters venue of UNGA, organize protests and heckle him and his delegation.

That will be embarrassing enough. For sure, it will portray the country in bad light and dent its image – which all Nigerians, including the president’s adversaries, will suffer from.

Also read: Enugu Gov Names Anunobi, Okonkwo as Aides

To avoid such an embarrassment and the deleterious effects it may have on the country’s image appears as the most germane reason why Tinubu has kept away – and may continue to keep sway – from UNGA until, maybe, a more predictable president mounts the saddle in the United States. And the losers? – Nigeria and Nigerians!

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(Published in the TREASURES column on the back page of the NEW TELEGRAPH newspaper edition of Wednesday, 23 September, 2026).

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