Reported by: Oahimire Omone Precious | Edited by: Gabriel Osa
The Delta State High Court sitting in Asaba has dismissed a lawsuit seeking to restrain the Delta State Signage and Advertisement Agency, DESSA, from collecting levies on billboards, signposts and other forms of outdoor advertising across the state, effectively affirming the agency’s statutory powers to regulate the sector.
The suit was instituted by the Billboard Owners and Outdoor Practitioners Association of Delta State, which challenged the legal authority of the Delta State Government and DESSA to issue demand notices and collect fees for outdoor advertising. The association argued that the state and its agency acted outside the law in imposing and enforcing advertising levies, and asked the court to permanently bar DESSA from further collections.
Court records show that the action was filed in July 2025, at a time when tensions were rising between outdoor advertising operators and regulatory authorities in several states over issues of taxation, overlapping mandates and enforcement practices. In Delta State, billboard owners had repeatedly complained that levies imposed by DESSA amounted to multiple taxation and placed an excessive burden on their businesses.
In advancing their case, the claimants relied heavily on an earlier judgment delivered by a High Court in Warri, which they contended had restrained the Delta State Government and its agencies from collecting advertising levies. On the strength of that decision, the association urged the Asaba court to issue a perpetual injunction preventing DESSA from continuing its regulatory and revenue collection activities in relation to outdoor advertising.
The Delta State Government, however, strongly opposed the suit, insisting that DESSA is lawfully empowered under existing state laws to regulate signage and outdoor advertising and to collect the associated levies. Through its legal team, the government argued that the suit was incompetent, improperly constituted and fundamentally flawed in both form and substance.
The state maintained that the issues raised by the claimants were contentious and could not be resolved through the kind of summary procedure adopted by the plaintiffs. According to the government, the reliefs sought required the presentation of full evidence, including documentary proof and witness testimony, which the claimants had failed to provide.
In addition, the Delta State Government drew the attention of the court to recent decisions of the Supreme Court that clarified the powers of states to regulate signage and outdoor advertising within their territories. The government also relied on a 2024 amendment to the Delta State signage and advertising law, which it said expressly vests DESSA with the authority to regulate outdoor advertising and collect levies on behalf of the state.
The amended law, the government argued, removed any ambiguity about DESSA’s mandate and reinforced the agency’s role as the sole regulator of signage and outdoor advertising in the state. Existing agreements between the state and local governments were also cited to demonstrate that the collection of advertising levies by DESSA was carried out within a legally recognised framework.
The matter came up for hearing on January 21, 2026, in Asaba. At the proceedings, counsel to the billboard owners, C. E. Obiazi, informed the court that his clients had decided to withdraw the suit. He did not give detailed reasons for the decision but formally applied to discontinue the action.
Counsel for the Delta State Government, S. O. Monye, opposed a simple withdrawal and urged the court not to merely strike out the case but to dismiss it outright. He argued that both parties had already fully argued their positions and that the court was entitled to determine the matter on its merits. According to him, a dismissal would put the legal controversy to rest and prevent a re-litigation of the same issues under a different guise.
In his ruling, the presiding judge agreed with the submissions of the state government. The court held that in view of the stage the proceedings had reached and the arguments already canvassed, the proper order to make was one of dismissal rather than a mere striking out. The judge consequently dismissed the suit, bringing the legal challenge against DESSA’s authority to an end.
The judgment is being widely interpreted as a significant victory for the Delta State Government and DESSA, as it affirms the agency’s power to regulate outdoor advertising and collect levies in accordance with state law. Legal observers note that the dismissal strengthens the regulatory framework governing signage and advertising in the state and provides clarity for both regulators and operators.
Following the judgment, government officials and legal practitioners have urged members of the public to disregard what they described as misleading interpretations and false claims circulating on social media suggesting that DESSA lacks the legal authority to regulate signage and collect advertising levies in Delta State. They warned that such claims could misinform operators and the general public, and potentially expose businesses to sanctions for non-compliance.
Supporters of the ruling argue that effective regulation of outdoor advertising is essential for urban planning, environmental safety and revenue generation. They point out that uncontrolled signage can pose safety risks, obstruct visibility and contribute to visual pollution if left unregulated. From this perspective, agencies such as DESSA play a critical role in ensuring order and compliance with planning standards.
On the other hand, representatives of outdoor advertising practitioners have continued to express concerns about the cost of compliance and the need for transparent engagement between regulators and operators. While acknowledging the authority of the state to regulate the sector, some practitioners have called for dialogue to address issues such as levy rates, enforcement methods and the ease of doing business.
The dismissal of the suit is expected to influence similar disputes in other jurisdictions, particularly as courts continue to interpret the balance of powers between state governments, local authorities and private operators in the regulation of signage and outdoor advertising. For now, the Asaba High Court’s decision provides a clear legal backing for DESSA’s activities and signals judicial support for the existing regulatory regime in Delta State.
As the dust settles on the case, stakeholders in the advertising industry are watching closely to see how the ruling will shape future interactions between regulators and practitioners, and whether it will encourage a more cooperative approach to managing outdoor advertising in the state.
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