Concerns have emerged over recent directives issued by certain State Signage and Advertising Agencies, particularly in Ondo and Enugu, which require advertising practitioners and agencies to submit specific categories of advertisements—including political, gaming, lottery, and brand promotions—for prior vetting before public display.
The Advertising Regulatory Council of Nigeria (ARCON) has described these directives as unlawful and ultra vires, noting that they exceed the statutory powers of state-level advertising or signage agencies. According to ARCON, no state agency has the constitutional authority to regulate or pre-approve advertisements before exposure.
Advertising in Nigeria is a recognized professional and commercial activity, governed under the Exclusive Legislative List in the Second Schedule of the Constitution. Item 49 identifies advertising as a professional occupation, while item 62 recognizes it as trade and commerce. Responsibility for regulating advertising rests solely with the National Assembly, which enacted the ARCON Act 23 of 2023, empowering ARCON as the central authority for oversight of advertising practices nationwide.
ARCON emphasized that state-level signage and advertising laws cannot override federal legislation. Any attempt by a state agency to request, receive, or approve advertisements—whether political or otherwise—prior to public display constitutes an illegal and unconstitutional overreach.
The warning comes as Nigeria approaches the 2027 general elections, a period expected to see heightened political advertising and intensive voters’ education campaigns. ARCON urged state signage agencies to exercise caution and avoid directives that could obstruct national oversight, hinder election-related communications, or create bottlenecks for advertisers.
“ARCON is committed to collaborating with State Signage Agencies to ensure that electioneering and voter education campaigns are conducted in a fair, peaceful, and non-partisan manner,” the Council stated.
The advisory also seeks to clarify misconceptions circulating among stakeholders and the public regarding the legality of state directives, reinforcing that prior approval requirements for advertisements fall outside the remit of any state agency. ARCON reiterated that it will take necessary steps to safeguard the integrity of advertising regulations while supporting free and transparent electoral processes.