Justice Chukwujekwu Aneke of the Federal High Court in Lagos on Wednesday restrained the Attorney-General of the Federation, the Advertising Regulatory Council of Nigeria, the Advertising Offences Tribunal, and its Chairman (acting on his behalf and that of the tribunal’s members) from arraigning Captain Ado Sanusi and Aero Contractors Company of Nigeria Limited over a post on his Instagram page.
The applicants, Captain Ado Sanusi and Aero Contractors Company of Nigeria Limited, had filed a suit marked. FHC/L/CS/529/2025 through their lawyer, Bidemi Ademola-Bello.
In a Motion Ex Parte dated and filed on 19 March 2025, they sought an interim injunction restraining the first to third respondents ARCON, the Advertising Offences Tribunal, and its Chairman from commencing proceedings, including arraignment and trial, in relation to charge No. CR/AOT/LA/014/2025: Federal Government of Nigeria vs. Captain Ado Sanusi & Aero Contractors Company of Nigeria Limited.
The applicants also requested an interim injunction preventing the respondents from taking any further steps or proceedings against them regarding the charge, pending the hearing and determination of their Motion on Notice dated 18 March 2025.
Before granting the order, Justice Aneke reviewed the motion, which was supported by a 39-paragraph affidavit sworn by Mrs Irene Samuel, a marketing and communications personnel at Murtala Mohammed Domestic Airport Private Terminal, Ikeja, Lagos. The affidavit was accompanied by two exhibits and a written address filed by Ademola-Bello.
After hearing the submissions, the judge ruled: “Having carefully considered the application and submissions, it is hereby ordered as follows.
“An order is hereby made for the maintenance of status quo ante bellum as of today, 26 March 2025, pending the hearing and determination of the applicant’s substantive application for enforcement of his rights.”
Justice Aneke adjourned the matter to July 8, 2025 for the hearing of the substantive application.
The Federal Government had filed 22 counts against Captain Ado Sanusi, the director and alter ego of Aero Contractors Company of Nigeria Limited, and the company itself. The charges stemmed from a post on their Instagram handle, @flyaeroofficial, promoting their services with the inscription “Discover Abuja”, allegedly targeted at the Nigerian market without prior approval from the Advertising Standards Panel of ARCON.
According to the government, Sanusi, on 23 September 2024, published another online advertisement on the same Instagram account, displaying the message “No need for frantic calls”, also without ARCON’s prior approval.
The FG further accused him of sharing multiple posts with captions such as “Fly with us to Sokoto”, “The journey of a lifetime”, “Let’s fly you”, “Make new memories in Abuja”, “Your next journey awaits”, and “Wings up and fly high”, among others.
Upon receiving the charge on 31 January 2025, Sanusi approached the Federal High Court on March 18,2025 to file a suit for the enforcement of his fundamental human rights.
In the originating summons, Sanusi sought a determination on whether the Advertising Offences Tribunal, as established under the ARCON Act, met the constitutional requirements of validity, independence, and impartiality under Section 36(1) of the 1999 Constitution, which guarantees the right to a fair hearing.
He also questioned whether the provisions of the ARCON Act purporting to regulate the conversations and statements of private individuals or businesses that are not advertising or marketing communications practitioners were unconstitutional and an infringement on the rights to privacy and freedom of expression.
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