Supreme Court Dismisses Lawsuit Challenging FDA’s Ban on Celebrities in Alcohol Advertisements

He contended that Articles 17(1) and 17(2) of the 1992 Constitution guarantee equality before the law and prohibit discrimination based on social or economic status, occupation, among other grounds. Therefore, he argued, the directive is null, void, and unenforceable.

The writ also sought the following reliefs;

(a) A declaration that on a true and proper interpretation of Articles 17(1) and 17(2), which guarantee equality before the law and prohibit discrimination against persons on grounds of social or economic status, occupation, among others, Guideline 3.2.10 of the Guidelines for the Advertisement of Foods published by the 1st Defendant on February 1, 2016, which provides that “No well-known personality or professional shall be used in alcoholic beverage advertising,” is discriminatory, inconsistent with, and in contravention of Articles 17(1) and 17(2) of the 1992 Constitution, and thus unconstitutional.

(b) A declaration that on a true and proper interpretation of Articles 17(1) and 17(2), Guideline 3.2.10 of the Guidelines for the Advertisement of Foods published by the 1st Defendant on February 1, 2016, which prohibits well-known personalities and professionals from advertising alcoholic products, is inconsistent with and in contravention of Articles 17(1) and 17(2) of the 1992 Constitution, which guarantee equality before the law and prohibit discrimination against persons on grounds of social or economic status, occupation, among others, and consequently null, void, and unenforceable.

(c) An order striking down Guideline 3.2.10 of the Guidelines for the Advertisement of Foods published by the 1st Defendant on February 1, 2016, as being inconsistent with and in contravention of the letter and spirit of the 1992 Constitution, and as such nullified.

(d) An order of perpetual injunction restraining the Defendants, their agents, servants, or assigns under the pretext of acting under Guideline 3.2.10 of the Guidelines for the Advertisement of Foods published by the 1st Defendant on February 1, 2016, from doing anything to prevent any well-known personality or professional from advertising alcoholic products.

Prominent figures in the creative industry, such as Wendy Shay, Shatta Wale, Brother Sammy, Kuami Eugene, and Camidoh, have publicly criticized the directive and called for its repeal. They contend that promoting alcoholic beverages is a significant source of income for the creative arts industry and argue that the ban has a detrimental impact on their livelihoods