A major legal battle has erupted in Nigeria’s media and advertising industry as Realhouse Communications Limited, publishers of Castles Lifestyle and Highbrow Living magazines, has dragged the Advertising Regulatory Council of Nigeria (ARCON) before the Federal High Court in Lagos over alleged violation of its fundamental human rights.
![](https://thenigerialawyer.com/wp-content/uploads/2025/05/idrinstitute.png")
In the suit filed through its counsel, the company is seeking the enforcement of its constitutional rights to fair hearing and freedom of expression, arguing that certain provisions of the ARCON Act, 2022, are unconstitutional.
Specifically, Realhouse Communications is challenging Sections 37 and 54 of the Act, which it claims empower ARCON to impose sanctions and fines on media and advertising practitioners without recourse to due process.
The publisher is asking the court to declare those provisions null, void, and inconsistent with Sections 36 and 39 of the 1999 Constitution, which guarantee the rights to fair hearing and freedom of expression, respectively.
The case arose from a Notice of Violation issued by ARCON on September 28, 2023, accusing Castles Lifestyle magazine of breaching advertising regulations and demanding a fine of ₦500,000.
In an affidavit deposed to by its accountant, Mr. Liasu Kazzim Olawale, the company stated that it was never invited to appear before any tribunal or hearing panel before being found guilty and fined. It described ARCON’s action as “a blatant violation of its right to a fair hearing.”
Realhouse Communications also alleged that ARCON extended its clampdown to several of its advertising clients, including Terra Developers, Megamound Investment Limited, and Urag Real Estate, each of whom reportedly received letters demanding ₦1 million per violation for publishing “unapproved advertisements.”
The company argued that the provisions of Section 54 of the ARCON Act, which criminalises publication of advertisements targeting the Nigerian market without prior approval from the Advertising Standards Panel, undermine press freedom and threaten its business operations.
Among the reliefs sought are:
- A declaration that Sections 37 and 54 of the ARCON Act, 2022, are unconstitutional and void.
- A declaration that the company is not bound by Section 54 of the Act.
- A declaration that the ₦500,000 fine imposed by ARCON constitutes a denial of fair hearing.
- An order compelling ARCON to issue a public apology for alleged harassment and embarrassment.
- An order of perpetual injunction restraining ARCON from further interference in its business or issuing violation notices to its clients.
- An award of ₦50 million as general damages.
The company maintained that unless the court intervenes, ARCON will continue to harass its clients and stifle press freedom under the guise of regulation.
ARCON has been served with the summons and is expected to enter its appearance within five days.
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