ARCON Declares Oyo State Advertising Directive Unlawful
The Advertising Regulatory Council of Nigeria (ARCON) has issued a stern warning to the Oyo State Signage and Advertising Agency (OYSAA), declaring its recent directive on pre-exposure vetting of advertisements unlawful and unconstitutional.
In a strongly worded statement signed by ARCON’s Director General, Olalekan Fadolapo, the national regulator faulted OYSAA’s November 3, 2025 letter (reference number OYSAA/382/11/39), which mandated advertisers and agencies in the out-of-home sector to submit betting and gaming-related promotional materials for compulsory vetting before deployment in the state.
ARCON described the directive as an “ultra vires” action, stressing that state signage agencies lack the constitutional authority to regulate advertising content.
“The directive which requests all practitioners, advertisers and advertising agencies involved in Out-of-Home advertising in Oyo State to submit betting and gaming-related advertising messages, promotional materials, and public communications for mandatory pre-vetting before exposure in Oyo State is unlawful and ultra vires the powers of a state advertising and/or signage regulatory agency,” the council stated.
Federal Authority Over Advertising
The regulator emphasised that advertising regulation in Nigeria is exclusively domiciled at the federal level. Citing Items 49 and 62 of the Second Schedule to the 1999 Constitution (as amended), ARCON noted that advertising is recognised both as a professional occupation and as a component of trade and commerce under the Exclusive Legislative List, placing legislative authority firmly in the hands of the National Assembly.
ARCON further argued that the enabling law establishing OYSAA cannot override constitutional boundaries, warning that any attempt by a state agency to vet or approve advertising content amounts to a breach of the constitution.
“Kindly note that, Oyo State Signage and Advertising Agency law is alien to the Nigerian Constitution and such power does not fall within a state legislative remit,” the statement read.
No Jurisdiction for State Agencies
Reinforcing its position, ARCON declared unequivocally that state signage agencies have no jurisdiction to vet, approve, or reject advertising content prior to exposure, regardless of sector or medium.
“It is not within a State Advertising and/or Signage Agency’s jurisdiction to request for, receive or approve any advertisement for exposure,” the council added.
The development underscores ongoing tensions between federal regulators and state agencies over the scope of authority in Nigeria’s advertising industry, particularly in sensitive sectors such as betting and gaming.
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