The Advertising Regulatory Council of Nigeria (ARCON) has declared unlawful recent directives from State Signage and Advertising Agencies demanding pre-exposure vetting of political and other advertisements.

In a statement, Dr. Olalekan Fadolapo, ARCON’s Director-General, highlighted letters and publications from agencies in Ondo and Enugu States requiring practitioners, advertisers, and agencies handling Out-of-Home advertising to submit political, gaming, lottery, and brand ads for approval before display.

“The directives which requests all practitioners, advertisers and advertising agencies involved in Out-of-Home advertising in Ondo and Enugu States to submit some categories of advertisement i.e. political, gaming, lottery and brand advertisements before exposure is unlawful and ultra vires the powers of a state advertising and/or signage regulatory agency,” Fadolapo stated.

ARCON emphasized that advertising falls under item 49 (professional occupation) and item 62 (trade and commerce) of the Exclusive Legislative List in the Second Schedule of the Nigerian Constitution.

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“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 enact laws in this regard. The National Assembly enacted the ARCON Acts 23 of 2023 and reserve the power to regulate advertising to ARCON,” the statement noted.

Dr. Fadolapo stressed that state signage agencies lack constitutional authority, while affirming ARCON’s collaborative role.

“Kindly note that State Signage and Advertising Agencies’ laws are alien to the Nigerian 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.”

As the 2027 elections near, ARCON urged restraint. “As we approach the 2027 general elections campaign and voters’ education, we enjoin 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,” Fadolapo read.

The advertorial addresses stakeholder concerns. “This advertorial is necessary 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,” the Director-General concluded.