The Advertisers Association of Nigeria has raised concerns over the continued absence of a governing council for the advertising profession, arguing that the lack of an independent council separate from the regulatory body is detrimental to the industry.
President of ADVAN, Osamede Uwubanmwen, in a telephone interview, expressed dissatisfaction with the structure of the Advertisers Regulatory Council of Nigeria, stating that the law establishing it failed to provide a clear distinction between regulation and professional governance, submitting, “We are the only industry or profession that has both the professional body and regulatory body with the same address.”
According to Uwubanmwen, other professions have separate councils overseeing professional development while regulatory agencies handle enforcement. “The bankers have their Chartered Institute of Bankers of Nigeria, as the Central Bank of Nigeria regulates the practice.
“The pharmacists have their Pharmaceutical Society of Nigeria, as the Pharmacy Council of Nigeria and the National Agency for Food and Drug Administration and Control regulate the pharmaceutical industry. The judiciary has the Nigerian Bar Association as the professional body, while the National Judicial Council is the regulator.”
He argued that the advertising industry should not be an exception, stressing that ARCON was originally meant to regulate advertising practice, and the former Advertising Practitioners Council of Nigeria transitioned to the professional body. “If tomorrow, as a profession, we decide on certain things, we have to meet the regulator. This is not how other professions operate.”
APCON was established in 1988 to regulate advertising but, 34 years later, transitioned into ARCON following calls for a more structured regulatory framework. Expanded legislation gave ARCON more oversight powers to address digital and traditional advertising challenges.
ADVAN expressed its reservations about some of the ARCON Act 2022’s outcomes, including its definition of advertising terminology and provisions for a governing council.
Uwubanmwen also highlighted the lack of a governing council for ARCON since its establishment in 2022, a situation he described as illegal. “The law states that a governing council shall be established to manage the affairs of ARCON. From 2022 till now, there has been no council,” he lamented.
He criticised the notion that the Minister of Information could run the council alongside the ARCON Director-General, Olalekan Fadolapo.
He said, “The law is clear that the minister should have oversight but not sole control. The council should be independent, with representatives from key industry bodies such as the Nigerian Universities Commission, the National Board for Technical Education, the Broadcasting Organisations of Nigeria, and various advertising associations.”
Uwubanmwen argued that if the council had been constituted, industry disputes, such as the controversial classification of website content as advertising, would have been resolved internally.
“With a council in place, we would deliberate on these issues behind closed doors and emerge with solutions that benefit the entire industry,” he reasoned.
ADVAN is currently in court challenging the legality of ARCON operating without a governing council. “We are asking the court to interpret the law. If the National Assembly established a governing council and it has not been set up for three years, does ARCON have the right to operate without it? If the answer is no, then the court should mandate that a council be constituted,” Uwubanmwen added.
Responding to ADVAN’s claims, ARCON Director-General Olalekan Fadolapo dismissed the concerns, stating that the matter is already in court and, therefore, sub judice. “If a case has been taken to court, it is sub judice to start making public declarations on it,” he said.
In a separate telephone interview, Fadolapo stated that ADVAN had not formally submitted its grievances to ARCON, replying, “As of January 16, I am not aware that ADVAN has written to ARCON making demands. If there are any, they must have made them through the media. We are a government agency and do not respond to everything published in the media.”
He added that the heads of advertising sectoral groups had engaged with ADVAN and requested that they submit their concerns in writing for further discussions with ARCON.
“As we speak, HASG has yet to return to me to request a meeting on this issue. However, we have received and discussed documents submitted by HASG. Industry reform is ongoing,” he said.
When asked about ADVAN’s agitation for a separate professional body for advertisers, Fadolapo declined to comment.
