ARCON Declares Ondo, Enugu Ad Vetting Orders Illegal
Nigeria’s advertising industry may be headed for a constitutional showdown after the Advertising Regulatory Council of Nigeria (ARCON) firmly rejected and declared unlawful recent directives issued by the Ondo and Enugu State Signage and Advertising Agencies requiring pre-exposure vetting of advertisements.
In a detailed statement dated February 13, 2026, ARCON described the directives as unconstitutional, illegal, and “ultra vires”, a legal term indicating actions taken beyond the powers granted by law. The state agencies had directed practitioners, advertisers, and advertising agencies involved in Out-of-Home (OOH) advertising to submit specific categories of advertisements, including political, gaming, lottery, and brand campaigns for approval before public display.
ARCON maintained that the regulation of advertising practice in Nigeria is exclusively a federal responsibility. Citing Items 49 (professional occupation) and 62 (trade and commerce) of the Exclusive Legislative List in the Second Schedule of the 1999 Constitution, the council stressed that matters relating to advertising fall strictly within the legislative competence of the Federal Government.
The council further referenced the ARCON Act 23 of 2023, enacted by the National Assembly, which vests sole regulatory authority over advertising practice in Nigeria in ARCON.
“State Signage and Advertising Agencies’ laws are alien to the Nigerian Constitution in matters relating to advertising regulation,” the council stated. “It is not within the jurisdiction of any State Advertising and/or Signage Agency to request for, receive, or approve any advertisement, political or otherwise, before exposure. This act is illegal and unconstitutional.”
ARCON emphasized that while states may regulate signage infrastructure, outdoor structures, and environmental compliance, they do not possess statutory powers to regulate advertising content or professional practice.
Beyond the constitutional argument, ARCON warned of broader implications, particularly as Nigeria inches closer to the 2027 general elections. The council cautioned that the directives could create unnecessary bureaucratic bottlenecks capable of disrupting political campaigns, voter education initiatives, and issue-based advocacy.
Industry stakeholders, ARCON noted, had raised concerns that requiring political advertisements to pass through state-level approval processes could open the door to partisan interference, delay campaign messaging, or compromise electoral fairness.
“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,” the statement read.
Observers say the timing of the directives has heightened anxieties within political and media circles, as campaign activities are expected to intensify in the coming months.
The advertorial, signed by ARCON Director-General Dr. Olalekan Fadolapo, said the clarification became necessary following “misconceptions and misinformation” among stakeholders and members of the public regarding the legal implications of the state agencies’ directives.
According to the council, advertisers, agencies, and campaign organizations had expressed uncertainty about compliance obligations and potential sanctions for failing to submit advertisements for state-level vetting.
By issuing the clarification, ARCON sought to reassure industry players that its statutory authority remains intact and that no state agency can lawfully override federal advertising regulations.
Despite its firm stance, ARCON expressed willingness to work collaboratively with state signage and advertising agencies to promote orderly, peaceful, and transparent electioneering processes.
The council stressed that cooperation rather than overlapping mandates is essential to maintaining regulatory clarity and safeguarding democratic principles.
However, the latest development signals the possibility of a jurisdictional dispute between federal and state authorities over the scope of advertising oversight, particularly in politically sensitive periods.
As Nigeria prepares for another electoral cycle, the battle over who controls the narrative space may prove as consequential as the campaigns themselves.
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