$50m legal tussle: Firm challenges ARCON Act sections on fair hearing

By Innocent Anaba

LAGOS— Realhouse Communications Limited, steadfast of the fashionable Castles Lifestyle and Highbrow Living magazines, has dragged the Advertising Regulatory Council of Nigeria, ARCON, earlier the Federal High Court successful Lagos successful what is becoming a large ineligible situation successful the Nigerian media and advertizing landscape

The institution is seeking an bid to enforce its cardinal quality rights, arguing that definite provisions of the ARCON Act, 2022, infringe upon its close to a just proceeding and state of look arsenic guaranteed by the Nigerian Constitution.

The originating summons, filed by the Applicant’s counsel, focuses connected Sections 37 and 54 of the ARCON Act, 2022, and seeks judicial pronouncements to state them null and void.

The suit followed a bid of usurpation notices and fines issued by ARCON to Realhouse Communications, arsenic good arsenic to its customers.

The crux of Realhouse Communications’ exertion lies successful the contention that ARCON’s actions, peculiarly the imposition of fines without anterior adjudication, represent a denial of the cardinal close to a just hearing.

It is asking the tribunal to find respective pressing law questions namely: Whether Sections 37 and 54 of the ARCON Act, 2022, interruption the Applicant’s cardinal quality rights to just proceeding (Section 36) and state of look (Section 39) of the 1999 Constitution of the Federal Republic of Nigeria (CFRN), arsenic amended; Whether the Applicant is bound by the provisions of Section 54 of the ARCON Act, 2022, erstwhile considered against the law warrant of state of look (Section 39 CFRN, 1999).

ARCON has been given  5 days from the work of the summons to participate an quality successful the suit.

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