FG to Oyo advertising regulator: Your directive on pre-exposure vetting illegal

By Tunde Oso

The Federal Government yesterday warned the Oyo State Signage and Advertising Agency that its order  directing 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, is unconstitutional, ultra vires as “advertising regulation in Nigeria is firmly domiciled at the federal level.”

A statement sent to Vanguard by the Advertising Regulatory Council of Nigeria (ARCON), a parastatal under Ministry of Information & National Orientation, said the directive, “which specifically targets betting- and gaming-related advertisements, goes beyond the constitutional and statutory powers of a state signage agency and constitutes an ultra vires action.”

The statement signed by the Director-General of ARCON, Dr. Olalekan Fadolapo, said its attention was drawn to a letter issued by the Oyo State Signage and Advertising Agency on November 3, 2025, with reference number OYSAA/382/11/39, directing 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.”

“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,” Fadolapo stated.

The council emphasised that advertising regulation in Nigeria is firmly domiciled at the federal level, stressing that advertising is recognised both as a professional occupation and as a component of trade and commerce under the Exclusive Legislative List of the 1999 Constitution (as amended). It cited Items 49 and 62 of the Second Schedule, noting that these provisions clearly vest legislative authority over advertising in the National Assembly.

“Advertising in Nigeria is established as a professional occupation in line with item 49 of the Exclusive Legislative List in the Second Schedule of the Constitution and also as trade and commerce, in line with item 62 of the Exclusive Legislative List in the Second Schedule of the Constitution,” the statement read. “It is the singular responsibility of the National Assembly to enact laws in this regard.”

ARCON further added that the enabling law establishing the Oyo State Signage and Advertising Agency cannot override or expand constitutional boundaries, insisting that any attempt by a state agency to regulate advertising content amounts to a constitutional breach.

“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 council said.

Reinforcing its position, ARCON stated 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 statement added.

Beyond the legal implications, ARCON warned that the Oyo agency’s directive could have far-reaching consequences for the advertising industry if left unchecked. It cautioned that such actions could undermine industry stability, slow down commercial activity and create unnecessary bottlenecks for advertisers and agencies operating within the Nigerian advertising ecosystem.

“The action of Oyo State Signage and Advertising Agency will not only set the industry back, but will also create a bad precedent, in addition to causing bottlenecks for advertisers and advertising agencies within the Nigerian Advertising ecosystem,” ARCON stated.

The council explained that the press statement was issued to clarify misconceptions arising from the directive and to address concerns raised by industry stakeholders and members of the public.

ARCON is the apex body for advertising in Nigeria, established by a 2022 Act to replace APCON, regulating all marketing communications, ensuring ethical standards, promoting local content (75% local, 100% Nigerian models/VOs) and protecting consumers, operating under the purview of the Nigerian government.

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