The Advertising Regulatory Council of Nigeria (ARCON) has issued a strong warning against a recent directive from the Oyo State Signage and Advertising Agency (OYSAA), stating it poses a severe threat to the stability and efficiency of the nation's advertising sector.
ARCON's Firm Rejection of OYSAA's Directive
In a press statement released on December 20, 2025, and signed by its Director General, Dr. Olalekan Fadolapo, ARCON labeled the OYSAA order as "unlawful" and "ultra vires." The contentious directive, referenced OYSAA/382/11/39 and dated November 3, 2025, mandated that all advertisers and agencies involved in Out-of-Home (OOH) advertising in Oyo State must submit betting and gaming-related ads for mandatory pre-vetting before display.
ARCON's central argument is that advertising regulation in Nigeria is exclusively a federal matter. The council emphasized that advertising is recognized as both a professional occupation and an aspect of trade and commerce under the Exclusive Legislative List of the 1999 Constitution (as amended).
Constitutional Breach and Federal Supremacy
The national regulator pointed to specific constitutional provisions to solidify its stance. "Advertising in Nigeria is established as a professional occupation in line with item 49 of the Exclusive Legislative List... and also as trade and commerce, in line with item 62," the statement read. It clarified that legislative power over advertising rests solely with the National Assembly.
ARCON was unequivocal in stating that the law establishing OYSAA cannot override the constitution. "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 council declared. It further stressed that state agencies have no jurisdiction to request, receive, or approve any advertisement before it is publicly displayed.
Potential Consequences for Nigeria's Advertising Ecosystem
Beyond the legal arguments, ARCON highlighted the practical dangers of the Oyo State directive. The council warned that such actions could cripple advertising operations by creating unnecessary bottlenecks.
"The action of Oyo State Signage and Advertising Agency will not only set the industry back but will also create a bad precedent," ARCON stated. It expressed concern that this move could slow down commercial activity and undermine the stability that federal regulation provides to the national advertising landscape.
The press statement was issued to correct misconceptions and address worries from industry stakeholders and the public alarmed by OYSAA's overreach. ARCON's firm position aims to prevent other states from attempting similar regulations, which could fragment and paralyze the advertising industry across Nigeria.
