The Advertising Regulatory Council of Nigeria (ARCON) has described as illegal the directives, by state signage agencies in Ondo and  Enugu States, requesting  all practitioners, advertisers, and advertising agencies involved in out of home advertising  to submit some categories  of advertisement, such as political, gaming, lottery and brand advertisements before exposure; arguing such  laws are alien to the nation’s constitution.

 

 

The apex regulatory agency in the nation’s advertising, in a statement issued by its Director General, Dr. Lekan Fadolapo, argued that  it is the singular  responsibility of the National Assembly to enact laws in this regard, adding that ARCON Acts 23 of 2023, as enacted by the National Assembly, reserves the power to regulate advertising to ARCON.

 

 

It therefore argued that  it is not within a state Advertising  or signage agency’s jurisdiction to request for, receive or approve any advertisement (political  or otherwise) before exposure.

 

 

Describing such act as illegal and unconstitutional,  the agency therefore enjoined  state signage agencies  to tread with caution, and desist from directives that can usurp the oversight  responsibility of the federal government, as well as create bottlenecks, especially as the 2027 general elections campaigns and voters’  education approach.

 

 

The agency explained that the communication had become imperative to address the misconceptions and misinformation among stakeholders and the public who have raised genuine concerns about the illegal directives and their implications  for free and fair elections.

 

 

It however expressed its readiness to collaborate with state signage agencies in ensuring a peaceful electioneering and voters’ education, devoid of ‘partisan and guerilla policies’.

 

 

“Advertising in Nigeria is established as a professional occupation in line with item 49 of the Exclusive  Legislative  List in the Second Schedule of the Constitution and also as trade and commerce, in line with item 62 of the Exclusive Legislative  List in the Second Schedule of the  Constitution. It is the singular responsibility of the National Assembly to laws in this regard. The National Assembly  enacted the ARCON Acts 23 of 2023, and reserve the power to regulate advertising to ARCON,” it argued.