Sola Akinsiku, President of the Out of Home Advertising Association of Nigeria (OAAN) and Executive Chairman, KOK VIsibility Edge, has called for legal clarification following two Federal High Court judgments on the regulatory authority of the Advertising Regulatory Council of Nigeria (ARCON).

The first judgment, delivered by Justice Akintayo Aluko on 7 November 2025, declared sections of the ARCON Act 2022 unconstitutional, particularly those granting ARCON authority over outdoor advertising and hoardings which include power to vet and approve message previously done by the Advertising Standards Panel. Furthermore, the ruling also invalidated the Notice of Violation issued to Massilia Motors Ltd and the criminal summons from the Advertising Offences Tribunal.

On the other hand, Honourable Justice Isa H. Dashen of the Lokoja High Court upheld the constitutional validity of the Advertising Regulatory Council of Nigeria Act 2022 and affirming ARCON’s authority to regulate advertising across Nigeria. The court held that the Advertising Regulatory Council of Nigeria Act No. 23 of 2022 was validly enacted by the National Assembly pursuant to Section 4(2) and (4) of the Constitution and Items 49, 62 and 68 of the Exclusive Legislative List.

In an interview with Marketing Edge, Akinsiku emphasized the need for proper legal interpretation before the industry can fully understand the implications of the rulings.
“The two judgments are from Federal High Courts, and that shows to us that the interpretation of the law may be subject to certain technicalities that ordinary laypeople may not understand.”
Akinsiku drew distinctions between what each judgment addressed, noting that confusion has already begun to spread within the industry about their implications.

“The question is whether ARCON has the responsibility to vet materials or not. I think that’s the only issue that concerns the second judgment. The first one, regarding who has the constitutional right to control out-of-home advertising in terms of the platform and media, was not in contention in the second judgment,” he explained.

He stressed that the Lagos judgment clearly established that anything outdoor falls under local government jurisdiction, while the Lokoja ruling focused on ARCON’s capacity to vet content.
“What the law says is anything outdoor is local government. The second is saying ARCON has the capacity to vet. I think we owe the reading public clarification on the distinction between the two judgments,” he stated.

Industry Commitment to the Rule of Law

Despite the uncertainty surrounding the conflicting rulings, Akinsiku emphasized that OAAN and its members remain committed to operating within legal boundaries.

“For us in out-of-home advertising, our position is that we stand with whatever the law says. If, at the end of the day, this is what the law dictates, we are law-abiding people. We are gentlemen and gentlewomen. We are intelligent entrepreneurs,” he stated.

The OAAN president highlighted the significant investments outdoor advertising practitioners have made in the industry, underscoring their commitment to protecting those investments through lawful operations.

“We invest heavily in this industry. Apart from radio and television, we are probably the sector that has invested the most. We have invested heavily, so we will always be on the side of the law. We will continue to operate within the dictates of the law,” he said.

He added that where legal issues remain unclear, the association will seek proper interpretation from those with the expertise and constitutional mandate.

“Where issues are not clear, we go to those with a clearer understanding, who have the legal and constitutional mandate the lawyers and the legal system to interpret. That is what is happening now,” he explained.

An Interesting Time for the Industry

Reflecting on the current situation, Akinsiku described it as an interesting period that will ultimately define many aspects of the advertising industry.

“It’s an interesting time in our industry, and a whole lot of things are going to be defined by emerging developments. I do hope we will take it just as that. No one should take anything personally,” he said.
As the industry awaits further clarity, stakeholders are watching closely to see how these conflicting rulings will be reconciled, whether through appeals, harmonization at a higher judicial level, or legislative intervention.

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