The Advertisers Association of Nigeria, ADVAN has officially initiated legal actions against the Advertising Regulatory Council of Nigeria, ARCON, to contest the recently enacted advertising law, asserting that its provisions are not in the best interest of its member.
Speaking exclusively to The Brand Colossus, Osamede Uwubanmwen, President of the Advertisers Association of Nigeria, stated that the action is coming after series of deliberations and engagements with critical stakeholders to ascertain the most effective channel to effect a review of the advertising law which he describes as inimical to the growth of brands.
According to him, the legal action is, among other things, to request a detailed evaluation of some provisions of the law that are in dissonance with the constitution of the Federal Republic of Nigeria.
He stated, “The ARCON Law has raised concerns that need to be addressed. We have engaged in numerous dialogues and consultations, and we want to clarify that while there were insinuations suggesting that ADVAN had already gone to court, those were not official. We can now confirm that we have indeed taken the matter to court to challenge the constitutionality of the law.
“The Nigerian constitution is a revered document, and any amendments to it must adhere to a stringent process that involves approval by two-thirds of the Senate and the House of Assembly in Nigeria. After a thorough examination, ADVAN has identified certain aspects of the ARCON Law that appear to be in conflict with the constitution.
This includes the handling of marketing and advertising within the constitution and the regulation of contractual agreements between two parties. The organization believes that such agreements should not be legislated upon but should remain within the realm of enforceable legal contracts.
While stressing the role of the association in stimulating economic growth, the ADVAN boss expressed concerns over sections of the law which empowers the apex regulatory body to jail Marketing Directors for six months and the authority to open financial books”.
“ADVAN has taken a proactive approach by engaging in over a year of dialogue and consultations with relevant stakeholders. The decision to take the matter to court is seen as the next logical step in resolving the concerns raised by its members” he said.
Recall that following the implementation of the new ARCON law, Dr. Olalekan Fadolapo, the Director General of the agency, emphasized that the legislation is designed to revitalize the advertising industry, by eradicating practices that have hindered economic progress.
