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Alleged Violation: Lagos Court Halts Federal Government’s N60bn Fine Against Facebook

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The Federal High Court in Lagos has issued an interim order restraining the Advertising Regulatory Council of Nigeria (ARCON), formerly known as the Advertising Practitioners Council of Nigeria, and its agents from demanding N60 billion from Facebook Nigeria Operations Limited for an alleged violation.

Justice Yellim Bogoro made the order on December 12, 2024, in suit FHC/L/CS/2205/2024, following a motion ex parte filed by Facebook through its counsel, Mofesomo Tayo-Oyetibo (SAN), of Tayo Oyetibo LP, on November 29, 2024.

After reviewing the affidavit supporting the motion ex parte, sworn to by Folasade Dada, and hearing arguments from Tayo-Oyetibo and Jessica Adeola-Ajayi, the judge granted the application.

Justice Bogoro stated, “I have considered the ex parte application made, the reliefs sought, particularly relief number two of the ex parte application, the affidavit in support, and the facts deposed thereto. I find merit in the application. I shall grant the reliefs in part. I make this order.”

The order reads: “An interim order of injunction is hereby made pending the determination of the Motion on Notice herein filed for interlocutory injunction restraining the defendant, whether by itself or through its officers, agents, servants, and any other person acting under its authority from enforcing or further enforcing in any manner whatsoever the notice of violation/demand for compliance dated 21 October 2024 issued by the defendant to the applicant. I strongly feel the second relief sought is subsumed in the first relief.”

The case is adjourned to February 20, 2025, for the hearing of the Motion on Notice. Hearing notice will be served on the defendant.

Facebook’s ex parte application sought two reliefs.

The first relief was “an interim order of injunction, pending the determination of the Motion on Notice for interlocutory injunction, restraining the defendant, whether by itself or through any person acting under its authority, from enforcing or further enforcing in any manner whatsoever the Notice of Violation/Demand for Compliance dated 21st October 2024 issued by the Defendant to the Applicant.”

The second relief sought an interim order of injunction restraining ARCON, whether by itself or through its prosecutors or anyone acting under its authority, “from instituting or commencing criminal proceedings in the Advertising Offences Tribunal to prosecute the Applicant, its officers, agents, or representatives, with respect to the allegations and/or decisions made by the Defendant and/or subject matter of the Notice of Violation/Demand for Compliance dated 21st October 2024 issued by the Defendant to the Applicant.”

In support of its application, Facebook filed 11 grounds for the request. It stated that ARCON issued a Notice of Violation/Demand for Compliance dated 21 October 2024, which made certain allegations against Facebook, including imposing the N60 billion fine.

Facebook challenged the constitutionality of the ARCON Notice, citing grounds of denial of fair hearing, its unlawfulness under the Advertising Regulatory Council of Nigeria Act 2022 (“ARCON Act”), and its classification as an ultra vires act of the defendant.

Facebook added that ARCON threatened to enforce the ARCON Notice through criminal prosecution in the Advertising Offences Tribunal if the company failed to meet its demands.

Despite issuing a statutory pre-action notice demanding that the defendant withdraw its threat, Facebook claimed that the defendant had not done so.

The applicant pointed out that Order Vill Rule I of the Advertising Offences Tribunal Practice Direction mandates a hearing must be completed within 180 days of filing the charge. Furthermore, Section 306 of the Administration of Criminal Justice Act 2015 prohibits granting an order for a stay of proceedings in a criminal matter before the Tribunal.

Facebook argued that it would be “vexatious and oppressive” for the defendant to initiate criminal proceedings against the company while its suit challenging the legality and constitutionality of the ARCON Notice is pending in court.

The company stated that there is an “urgent need” for the Court to retain control over the matter and prevent “vexatious and oppressive conduct” by the defendant, emphasizing the need to prevent an abuse of the judicial process through a proliferation of litigation on the same issue.

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Federal Government Earmarks N827bn For Education Infrastructure In 2025 Budget

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Nigeria’s President, Asiwaju Bola Ahmed Tinubu, has announced that the Federal Government has disbursed a total of N34bn in loans to students studying at tertiary institutions across the country through the “Nigeria Education Loan Fund.”

The President made this statement on Wednesday while presenting the N49.7tn 2025 budget estimates to a joint session of the National Assembly. He also highlighted that the government has allocated N826bn for infrastructure development in the education sector for the 2025 fiscal year.

He stated, “Our administration has so far disbursed N34bn to over 300,000 students via the Nigeria Education Loan Fund.”

“In the 2025 budget, we have made provision for N826.90bn for infrastructure development in the educational sector. This provision also includes those for the Universal Basic Education and the nine new higher educational institutions.”

He continued, “We are convinced that Universal Health Coverage initiatives will strengthen primary healthcare systems across Nigeria. In this way, we have allocated N402bn for infrastructure investments in the health sector in the 2025 budget and another N282.65bn for the Basic Health Care Fund.”

“Our hospitals will be revitalised with medication and better resources, ensuring quality care for all Nigerians.”

“This is consistent with the Federal Government’s planned procurement of essential drugs for distribution to public healthcare facilities nationwide, improving healthcare access and reducing medical import dependency.”

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President Tinubu Targets N1,500 Per Dollar Rate In 2025 Budget Goals

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Nigeria’s President, Asiwaju Bola Ahmed Tinubu, on Wednesday, stated that the Federal Government aims to stabilise the exchange rate at N1,500 to the dollar to ensure the smooth implementation of the 2025 budget.

This marks a reduction of about N200 from the current rate of N1,700 to a dollar.

President Tinubu made this known while presenting the 2025 Appropriation Bill to a joint session of the 11th National Assembly in Abuja.

“The budget projects that inflation will decline from the current rate of 34.6% to 15% next year, while the exchange rate will improve from approximately N1,700 per dollar to N1,500. The base crude oil production assumption is set at 2.06 million barrels per day”, he said.

“The projections are based on the following observations: reducing the importation of petroleum products, increasing exports of refined petroleum”. He added.

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BIG STORY

JUST IN: 32 Reportedly Die In Ibadan Children Programme Stampede

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At least 32 people have tragically lost their lives during a stampede at a children’s carnival in Ibadan, the Oyo State capital, in the early hours of Wednesday.

A statement from the Commissioner for Information and Orientation, Prince Dotun Oyelade, revealed that the stampede occurred at a private children’s funfair at Islamic High School, Basorun, resulting in the deaths of 32 people, mostly children, with some others sustaining injuries.

He mentioned that the state government promptly deployed a rapid response team to the site following the incident.

The commissioner confirmed that the victims have been transported to various hospitals across Ibadan for medical treatment.

While thanking the Commissioner for Health, Dr. Oluwaserimi Ajetunmobi, for quickly activating all available response teams to assist at the scene, Oyelade emphasized that the state government will do everything possible to support the victims of the stampede during this difficult time.

He noted that the sate government was not involved in the planning of the carnival, adding that the Ministry of Health was also not carried along in the organisation of the private end of the year children funfair.

Oyelade emphasised the importance of proper coordination when organising events of such magnitude, especially those involving children and elders.

“We are currently awaiting a detailed report from the Commissioner of Police to clarify the total number of victims involved in this unfortunate incident,” he said.

The commissioner urged parents who are concerned about the whereabouts of their children to check the following medical facilities in Ibadan where affected children were taken for proper medical attention, with a valid means of identification:

  • Patnas Hospital, Basorun
  • Western Hospital, Basorun
  • Ringroad State Hospital
  • Molly Specialist Hospital
  • University College Hospital (UCH)

“Oyo State Government extends its deepest sympathies to the families affected by this tragedy while also urging the public to remain calm and cooperative as relevant pieces of information are gathered and necessary supports arranged for the victims,” he added.

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