Senior Special Assistant to the President on Digital Communications, Engagement and New Media Strategy, O’tega Ogra, has defended the Federal High Court judgment in the legal battle between Facebook Nigeria and the Advertising Regulatory Council of Nigeria (ARCON), insisting that the ruling strengthened the rule of law rather than exposing Nigerian consumers to exploitation.
Reacting to criticisms trailing the judgment, Ogra argued that the court’s decision was never about weakening consumer protection but about ensuring that government agencies operate strictly within the limits of their statutory powers.
In a commentary titled, “The Facebook Nigeria Judgment Is Not a Defeat for Consumers. It Is a Victory for the Rule of Law,” Ogra said the ruling reaffirmed constitutional governance and institutional accountability.
“The issue before the court was never whether consumers should be protected. It was whether the right institution was exercising the right powers in the right way,” he said.
According to him, while consumer protection remains a priority, every regulator must act only within the powers granted by its enabling law.
He explained that ARCON’s responsibility is to regulate advertising practice, content and marketing communications, while the Federal Competition and Consumer Protection Commission (FCCPC) is the principal agency charged with protecting consumers across sectors.
“The powers of a statutory regulator cannot be enlarged by implication or by the desirability of an outcome. They must be found within the four corners of the statute establishing that regulator,” Ogra stated.
He warned that allowing regulatory agencies to exceed their legal mandates would create uncertainty for businesses, fuel needless litigation and weaken investor confidence.
On the court’s decision to void ARCON’s ₦60 billion administrative fine against Facebook Nigeria, Ogra said the judgment merely reaffirmed the long-standing legal principle that punitive sanctions are imposed by courts or tribunals where the law expressly provides.
He stressed that the court did not declare Meta Platforms or Facebook Nigeria above Nigerian laws but ruled that ARCON failed to establish the legal basis for holding Facebook Nigeria liable for the actions of its parent company.
“Court decisions are based on admissible evidence, not commercial assumptions or public perception. Judges cannot repair evidentiary deficiencies for litigants,” he said.
Ogra cautioned against sacrificing judicial neutrality in the name of public interest, warning that such a precedent could ultimately affect local businesses, media organisations and ordinary citizens.
He maintained that Nigeria already has a comprehensive regulatory framework with specialised agencies, including the Central Bank of Nigeria, Securities and Exchange Commission, Nigerian Communications Commission, Nigeria Data Protection Commission, National Agency for Food and Drug Administration and Control, Standards Organisation of Nigeria, Corporate Affairs Commission and the Federal Inland Revenue Service, each with clearly defined statutory responsibilities.
While acknowledging ARCON’s important role in regulating the advertising industry, he insisted that the agency’s powers could not be extended beyond what the National Assembly had provided.
“If gaps exist in Nigerian law regarding digital platforms, local corporate presence or service of process, the National Assembly should address them. The answer is legislative reform, not regulatory overreach,” he said.
He added that effective regulation should be judged by legal clarity, due process and decisions capable of surviving judicial scrutiny, rather than by the size of penalties announced.
Ogra also linked the judgment to President Bola Tinubu’s institutional reform agenda, saying the administration had respected the independence of regulators and the judiciary.
“Regulators have been allowed to regulate. Courts have been allowed to adjudicate. That reflects confidence in institutions rather than executive discretion,” he noted.
Calling for greater collaboration within the advertising industry, Ogra urged the Association of Advertisers in Nigeria (ADVAN) to foster dialogue among advertisers, agencies, regulators, media organisations and digital platforms instead of allowing litigation to dominate industry relations.
“This is not a call for weaker regulation. It is a call for smarter regulation founded on legal certainty, institutional respect and constructive engagement,” he said.
He concluded that Nigeria’s long-term economic growth would depend on strong institutions that respect the limits of their powers, uphold the rule of law and inspire public and investor confidence.
