ARCON warns signage agencies against illegal directives on advertisements
Advertising Regulatory Council of Nigeria has warned state signage and advertising agencies, particularly those in Enugu and Ondo states, saying their directives requiring submission and vetting of advertisements before public
Advertising Regulatory Council of Nigeria has warned state signage and advertising agencies, particularly those in Enugu and Ondo states, saying their directives requiring submission and vetting of advertisements before public exposure is illegal, unconstitutional, and ultra vires, beyond the powers of state regulatory bodies.
The warning, in a statement by Director-General, Dr. Olalekan Fadolapo, called out Ondo and Enugu states Signage and Advertising agencies for issuing directives that the federal regulator sees as encroaching on its exclusive territory and could have consequences for conduct of free and fair elections ahead of 2027.
The statement said ARCON’s attention was drawn to “letters, directives, and publications by some states Signage and Advertising agencies,” with concern raised over fresh directives from Ondo and Enugu State agencies. The directives reportedly require “practitioners, advertisers and advertising agencies involved in Out-of-Home advertising in Ondo and Enugu states to submit some categories of advertisement, political, gaming, lottery and brand advertisements, before exposure.”
ARCON described such directives as “unlawful and ultra vires the powers of a state advertising and/or signage regulatory agency.”
ARCON’s position is constitutional rooted in Nigeria’s Exclusive Legislative List, which defines areas of legislation reserved solely for Federal Government through National Assembly. The statement cited two Item 49 of the Exclusive Legislative List in the Second Schedule of the Constitution, which classifies advertising as a professional occupation; and Item 62, which classifies it as trade and commerce.
“It is the responsibility of National Assembly to enact laws in this regard,” it said, noting the National Assembly exercised that responsibility by enacting ARCON Act 23 of 2023, which vests the power to regulate advertising in ARCON.
The statement noted: “State Signage and Advertising agencies’ laws are alien to Constitution, and such power does not fall within the legislative remit of a state.” The statement added: “It is not within a State Advertising and/or Signage Agency’s jurisdiction to request for, receive or approve any advertisement (political or otherwise) before exposure. This act is illegal and unconstitutional.”
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With Nigeria’s 2027 elections imminent, the regulator expressed concern that state-level interference in advertising, particularly political advertising, could distort the democratic process. “As we approach 2027 campaign and voter education, we enjoin state signage agencies to desist from directives that usurp the oversight responsibility of Federal Government, as well as create bottlenecks.”
ARCON, however, pledged to “seek and collaborate with state signage agencies in ensuring a peaceful electioneering and voter education devoid of partisan and guerilla policies.”
Noting its statement was partly a response to alarm among stakeholders and the public inundated by conflicting directives, ARCON said: “This is to address misconceptions and misinformation among stakeholders and the public who have raised concerns about illegal directives and their implications for free and fair elections’’.
