Dr. Olalekan Fadolapo, Director General of the Advertising Regulatory Council of Nigeria (ARCON), made an unusual appeal to the industry. He asked them to pray for the Advertisers Association of Nigeria (ADVAN) over the association’s current state under President Osamede Uwubanmwen.

Dr. Fadolapo delivered this striking call during an exclusive interview with MARKETING EDGE on TV. He discussed the recent conflicting Federal High Court judgments on ARCON’s right to vet Out-of-Home (OOH) advertisements. This case has divided the industry and sparked heated debate.

Two Courts, Two Different Verdicts

The controversy centres on two separate judgments delivered within days of each other. Both addressed ARCON’s regulatory authority over outdoor advertising, but reached opposite conclusions.

The first case, Massilia Motors Limited v. Advertising Regulatory Council of Nigeria (ARCON), Suit No: FHC/L/CS/1044/2024, was decided on November 7, 2025. Honorable Justice Akintayo Aluko presided over the hearing at the Federal High Court in Lagos. Justice Isa H. Dashen delivered the second judgment just five days later, on November 12, 2025. This was at the Federal High Court in Lokoja in the case of GODEC Power Nigeria Ltd vs Attorney General of the Federation & Advertising Regulatory Council of Nigeria, Suit No: FHC/LKJ/CS/20/2024.

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In the Lokoja case, Justice Dashen dismissed the plaintiff’s suit entirely. He awarded costs of N500,000 in favor of each defendant, essentially upholding ARCON’s regulatory powers. Companies challenging ARCON’s requirement for pre-exposure material submission and approval before displaying advertisements on OOH platforms brought both cases.

Conflicting Constitutional Interpretations

Understanding the Lagos Judgment

Dr. Fadolapo explained the reasoning behind the conflicting verdicts, starting with the Lagos ruling. “The Lagos judgment stated that the power to regulate OOH advertising and hoarding is omnibus, as the Fourth Schedule of the Constitution states. Because of this, local government retains the power to regulate OOH advertising or anything within outdoor. Consequently, the court declared that part of the ARCON law regulating OOH advertising conflicted with the Constitution.”

The Lokoja Court’s Different Interpretation

However, the Lokoja judgment took a fundamentally different constitutional approach, Dr. Fadolapo noted. “The High Court in Lokoja took cognizance of the Second Schedule of the Constitution,” he explained.

“The Second Schedule of the Constitution, under the Exclusive List, lists some items as exclusive to the federal government. It states that the federal government, through the National Assembly, must legislate upon professions or professional practices. Trade and commerce are also on the Exclusive List in the Second Schedule. The Second Schedule further says everything incidental to these is also exclusive to the federal government.”

A Call for Prayers and Candid Assessment

Responding to industry associations’ reactions, Dr. Fadolapo offered a candid and somewhat controversial assessment. “I am aware that ADVAN and OAAN have responded to the judgment. Personally, I do not like to join issues with Osamede, the president of ADVAN, but we sometimes need to put things in proper perspective. If you ask me, I must say ADVAN needs prayers.”

Drawing on his three decades in the advertising industry, Dr. Fadolapo painted a picture of what he sees as ADVAN’s decline. “I have spent three decades in this advertising practice. I was in this industry when Emmanuel Ajunwa took over from Sir Steve Omojafor as the chairman of HASG. I remember when distinguished ADVAN presidents were leading HASG. I saw a time when everyone sat down, engaged, and made proposals for the industry’s growth.”

His assessment of the current leadership was stark. “But since Osamede took over ADVAN, in my personal opinion, he makes it look like he is an undertaker. ADVAN may continue to have a free fall if the industry does not do something urgently. If you look at it, ADVAN is the association expected to protect, promote, and ensure stability in the advertisers’ leg of this ecosystem.”

The Practical Implications of Chaos

Dr. Fadolapo highlighted the absurdity that implementing the Lagos judgment nationwide would create. “By the Lagos High Court judgment, an advertiser wanting to run a national campaign will have to submit their material to 774 local governments. Even now, some government agencies perform oversight functions on advertisement, which some call global regulation. Now imagine one marketing director or manager going to 774 local governments, excluding the ones with LCDAs.”

He questioned ADVAN’s response to this scenario. “Now, if ADVAN leadership were sincere, a situation like this calls for calm. A situation like this calls for them to reach out to the regulator and say, ‘This judgment will negatively impact our member businesses. We don’t want this, so how do we go about it?'”

The Evolution of Advertising Regulation

“But rather, the current leadership of ADVAN are celebrating a decision which will have a negative effect on ADVAN members.”
This is there current position in recent times and calls for industry concerns.

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