ARCON Warns State Signage Agencies Against Illegal Advertising Directives

The Advertising Regulatory Council of Nigeria (ARCON) has cautioned state signage and advertising agencies, particularly in Enugu and Ondo states, over directives requiring the submission and vetting of advertisements before public display. ARCON described such directives as illegal, unconstitutional, and beyond the powers of state regulatory bodies.

In a statement, Director-General Dr. Olalekan Fadolapo specifically criticised the Ondo and Enugu State Signage and Advertising agencies for issuing instructions that encroach on the federal regulator’s authority, warning that such actions could undermine the 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,” highlighting fresh directives from Ondo and Enugu states. These 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 these directives as “unlawful and ultra vires the powers of a state advertising and/or signage regulatory agency.”

The regulator’s position is rooted in the Nigerian Constitution’s Exclusive Legislative List, which reserves certain areas of legislation solely for the Federal Government through the National Assembly. The statement cited Item 49, 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,” the statement said, noting that the National Assembly exercised this responsibility through the ARCON Act 23 of 2023, which vests the power to regulate advertising in ARCON.

The statement added: “State Signage and Advertising agencies’ laws are alien to Constitution, and such power does not fall within the legislative remit of a state. 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.”

With Nigeria’s 2027 elections approaching, ARCON 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 also pledged to “seek and collaborate with state signage agencies in ensuring a peaceful electioneering and voter education devoid of partisan and guerilla policies.”

Noting that its statement was partly in response to public concern, 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.”