The Advertising Regulatory Council of Nigeria (ARCON) has issued a strongly worded response to the open letter written by the Advertisers Association of Nigeria’s Board of Trustees to President Bola Ahmed Tinubu, accusing the association of deliberately spreading misinformation and attempting to halt critical industry reforms.

In a press statement signed by the Director General, Dr. Olalekan Fadolapo, ARCON described the letter as part of a calculated web of manipulation designed to obstruct the federal government’s advertising industry transformation agenda.

Therfore, the regulatory body systematically dismantled ADVAN’s allegations while questioning the motives and credibility of the association’s leadership.

Sub Judice Matters Being Tried in Media

However, ARCON’s response opened by highlighting what it described as a fundamental contradiction in ADVAN’s approach. “ADVAN has filed multiple lawsuits against ARCON, challenging the advertising industry reforms and the constitutionality of its oversight functions.

Meanwhile, the  issues raised in their letter are already part of the cases pending before the Federal High Court for determination. The issues are currently sub judice.

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If a case is sub judice, why take it to the media? Again, ADVAN has gone to the media with misinformation, with the intention of obstructing and halting the ongoing advertising industry reforms,” Dr. Fadolapo stated.

The regulatory body questioned the appropriateness of ADVAN seeking presidential intervention on matters already before the courts, describing it as an attempt to manipulate public opinion while judicial proceedings are ongoing.

Reforms Aligned With Presidential Mandate

Dr. Fadolapo contextualized ARCON’s reforms within the broader policy framework of President Tinubu’s administration. “At the commencement of President Bola Ahmed Tinubu’s administration, and in line with the Renewed Hope Agenda, Alhaji Mohammed Idris,

Minister of Information and National Orientation, directed all government agencies under the Ministry to adopt the Nigerian First Policy of the Federal Government and embark on reforms that will promote inclusive growth. This has led to a series of reforms in the Nigerian advertising industry, which ADVAN has vehemently opposed,” he explained.

The ARCON chief outlined three major reform initiatives that have drawn ADVAN’s ire: the Nigerian First Policy requiring use of local talent and production, the 45 day payment cycle to address endemic media debt, and the disengagement protocol ensuring advertisers settle obligations before changing agencies.

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According to ARCON, these reforms are designed to protect Nigerian creative talent, ensure timely payment to media houses and service providers, and establish ethical business practices across the industry.

Challenging ADVAN’s Claims on Advertising Spend

In perhaps the most direct personal attack in the statement, Dr. Fadolapo challenged ADVAN’s claim that its members control 90 percent of Nigeria’s advertising spend estimated at over N800 billion.

“This is another instance of misinformation and manipulation by ADVAN to seek relevance and truncate the ongoing advertising industry reforms.

The employer and organization where the ADVAN President, Mr. Osamede Uwubanmwen, currently works cannot boast of N1 million in annual advertising spend, yet they claim that its members spend over N800 billion annually on advertising,” he stated.

ARCON threw down the gauntlet, challenging ADVAN to substantiate its claims. “We challenge ADVAN to publish its active membership list and advertising spend. ADVAN members contribute less than 10% of the advertising industry spend, and its membership has declined in recent times due to poor leadership.

Given Mr. Osamede Uwubanmwen’s company’s very poor advertising spend and his retention in office, it is either that the ADVAN President is acting on behalf of some organizations that chose to use ADVAN to fight the industry reforms, or that ADVAN members are nonchalant about the association’s leadership. Either or both call for concern,” Dr. Fadolapo stated.

Addressing the PEBEC 3% Performance Score

On the contentious issue of ARCON scoring 3 percent in the 2025 Business Facilitation Act Performance Report, Dr. Fadolapo dismissed the assessment as biased and orchestrated. “ADVAN is a long time ally of PEBEC and has tried to use PEBEC to undermine ARCON’s policies and oversight functions.

Some multinationals have also sent petitions to PEBEC, trying to use the agency to interfere in and decimate ARCON’s oversight powers and mandate. The published report of PEBEC was not only biased but also an attempt to ridicule ARCON. It is part of several strategies to blackmail and manipulate opinions against ARCON,” he alleged.

The ARCON boss directed stakeholders to alternative performance records. “ARCON’s performance report was presented during the engagement on the implementation of Presidential Performance and Ministerial Deliverables sessions of the Federal Ministry of Information and National Orientation.

ARCON’s records are at the Ministry for fact checking and perusal. ARCON does not and cannot score 3% in performance as stated by PEBEC and publicized by ADVAN,” Dr. Fadolapo stated.

Refuting Claims of Non-Engagement

ARCON systematically addressed ADVAN’s allegation of exclusion from industry engagement, providing specific instances where the association voluntarily withdrew from platforms or declined participation.

“For the record, which can be verified, ADVAN voluntarily withdrew from the Heads of Advertising Sectoral Group platform. ADVAN declined participation in the National Advertising Conference, notwithstanding that a good number of advertisers were in attendance in their individual and organizational capacities.

ADVAN also declined participation in the Advertising Industry Colloquium, notwithstanding that some advertisers sponsored and participated in the programme,” Dr. Fadolapo revealed.

He further noted that ADVAN currently has representation on the Advertising Standards Panel, the statutory body responsible for vetting advertisements.

“As of today, ADVAN has a representative on the Advertising Standards Panel (ASP), which is the statutory panel responsible for the vetting of advertisements.

ADVAN wants ARCON to suspend the advertising industry reforms as a condition for participating in any engagement and yet complains of non inclusion,” the Director General stated.

Countering Claims of Industry Decline

On ADVAN’s assertion that advertising spend has dropped sharply with companies exiting Nigeria due to ARCON’s policies, Dr. Fadolapo issued another direct challenge. “ADVAN is challenged to provide verified data on the alleged decline in advertising spend, as well as publish the names of organizations that have exited Nigeria because of the industry reforms.

Why would a responsible organization leave a country because it was asked to use the citizens of that country in its advertisement content? Why would a responsible organization exit a country because it was requested to pay advertising debts as and when due?” he queried.

ARCON presented contrary evidence, citing independent research. “Rather than decline as alleged, the industry has witnessed growth and new investments. ARCON collaborated with HASG to conduct and fund independent research on advertising industry spend and the contribution of advertising to the country’s GDP.

PwC, a renowned global brand with integrity, was engaged to conduct the research. The report was presented to stakeholders and published in the media. PwC can be contacted to confirm the report. ADVAN is challenged to publish or counter the PwC report on advertising industry growth and contributions to GDP,” Dr. Fadolapo stated.

Strong Rebuke of ADVAN’s Board of Trustees

In what represents one of the harshest criticisms in the statement, Dr. Fadolapo expressed disappointment at the involvement of ADVAN’s Board of Trustees in what he characterized as a campaign of misinformation. “It is rather unfortunate that the Aare Fatai Odeshile led Trustees of ADVAN allowed the leadership of ADVAN to involve them in this web of manipulation and misinformation.

ADVAN’s Board of Trustees, which functions as a body of elders, chose to bypass ARCON and its supervisory Ministry for possible engagement before publishing what is not only inaccurate but also full of false claims. The publication, which is misleading and deceptive, reflects poorly on the entire leadership of ADVAN. This approach is truly regrettable and worrisome,” he stated.

This rebuke of the trustees, traditionally respected elder statesmen in the industry, signals the depth of the rift between ARCON and ADVAN and suggests that ARCON views the conflict as involving not just operational differences but fundamental questions of leadership integrity and industry governance.

Defending the Tribunal and Governing Council Structure

Addressing constitutional concerns about the Advertising Offences Tribunal, Dr. Fadolapo noted that recent court judgments have validated its constitutionality and legality. “The ADVAN President, Mr. Osamede Uwubanmwen, has granted several interviews attacking the Tribunal and its Chairman at different times.

This is also part of their case against ARCON at the Federal High Court. Recent court judgments have validated the constitutionality and legality of the Advertising Offences Tribunal and its statutory power to adjudicate on advertising offences,” he stated.

On the composition of ARCON’s Governing Council, which ADVAN claimed has not been constituted, making current activities unconstitutional, Dr. Fadolapo clarified the appointment process and institutional structure.

“The Federal Government is following due process in the appointment of the Governing Council Chairman, as the procedure changed with the enactment of the ARCON Acts No. 23 of 2022.

The appointment process involves rigorous vetting of nominated candidates. In appointing the Chairman of the Governing Council, due diligence and security checks are conducted to ensure alignment with the ARCON Acts, global best practices, and the interests of the industry. The Federal Government is working on the appointment and inauguration of the Governing Council,” he explained.

He distinguished between the Governing Council and the Management Committee, emphasizing that both serve different functions. “There is a distinction between the Governing Council and the Management Committee, as both bodies serve different functions within ARCON’s structure.

The Management Committee is responsible for day to day administrative decisions and is headed by the Director General. The ARCON Act provides clear oversight mechanisms.

The Honourable Minister of Information and National Orientation has oversight power and control over both the Management Committee and the Governing Council, to the extent that decisions of both bodies are subject to the approval of the Honourable Minister. There is no vacuum in ARCON’s regulatory duties despite the absence of a Governing Council,” Dr. Fadolapo stated.

ARCON’s Unwavering Commitment to Reforms

Concluding the statement, Dr. Fadolapo reaffirmed ARCON’s determination to continue with industry reforms regardless of opposition. “For the record, ARCON has championed the use of Nigerians in all advertising and marketing communications targeting the Nigerian market. ARCON has promoted the use of Nigerian companies in advertisement production and, by extension, created jobs for Nigerians.

ARCON has largely resolved industry media debts and issues involving media owners and service providers, thereby building a stronger industry with improved contributions to GDP,” he stated.

In a final declaration that leaves no room for compromise, the DG stated, “The era of lawless advertising with impunity is over. ADVAN is not the only association in the advertising industry, there are over 10 associations and stakeholders, but it has remained the only notoriously combative association because of its desire to halt the advertising industry reform and enslave the Nigerian advertising industry.

ARCON will resist all attempts and blackmail by ADVAN or any other group to halt the ongoing advertising industry reforms. ARCON will remain focused and resolute in promoting the Nigerian First Policy and aligning with the Renewed Hope Agenda of the present administration.”

The escalating war of words between ARCON and ADVAN, now involving direct appeals to the presidency and public accusations of misinformation, represents an unprecedented crisis in Nigeria’s advertising industry.

With court cases pending, regulatory reforms being implemented, and both sides maintaining hardline positions, the industry faces a period of significant uncertainty as stakeholders await resolution of the fundamental questions about regulatory authority, industry governance, and the balance between business interests and national policy objectives.