N30bn Lawsuit: ARCON Explains Reason for Withdrawal Suit against Meta

Raheem Akingbolu 

Contrary to the views in some quarters that the Advertising Regularly Council of Nigeria (ARCON), was compelled to withdraw the N30billion Lawsuit it instituted against Meta Platforms Incorporated (owners of Facebook, Instagram, and WhatsApp), the Director General of the council has announced debunked the rumour and stated that it was a deliberate decision to re-strategise over the lingering issue.

ARCON instituted the lawsuit against Meta Platforms Incorporated, in Abuja High Could in 2022.

In a statement issued at the weekend, Fadolapo said, “This withdrawal is not a retreat, but a tactical redeployment. Since October 13, 2022, when the writ was filed, we’ve observed continuous 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.”

He added that, “Management is doing this to ensure that all social media platforms are operating within the ambit of the law.”

This unexpected move followed the regulatory body’s filing of a notice of discontinuance before Justice Peter Lifu of the Federal High Court in Abuja.

The legal battle which began on September 23, 2022, with ARCON filing Suit FHC/ABJ/CS/1701/2022 against Meta Platforms Incorporated and AT3 Resources Limited as party was initially presided over by Justice A.M. Mohammed before it was later transferred to Justice Peter Lifu in 2023 following Mohammed’s retirement.

The roots of this legal confrontation trace back to when the House of Representatives passed a resolution directing ARCON to implement measures controlling advertisements on social media platforms. 

According to sources, ARCON’s subsequent outreach to various platforms reportedly met with resistance from Meta, prompting the initial legal action.

A legal expert with bias in media and advertising law, 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.” Lateef elucidated.