ARCON Faults States’ Directives on Political Ad Vetting, Cites Constitutional Breach
Oru Leonard
The Advertising Regulatory Council of Nigeria (ARCON), has declared as illegal and unconstitutional recent directives issued by the Ondo State Signage and Advertising Agency and the Enugu State Signage and Advertising Agency requiring prior submission and vetting of certain advertisements before public display.
In a statement dated February 13, 2026, ARCON said the directives — which mandate practitioners, advertisers and agencies engaged in Out-of-Home advertising to submit political, gaming, lottery and brand advertisements for approval before exposure — are “ultra vires” the powers of state signage and advertising agencies.
According to ARCON, advertising regulation falls exclusively within the purview of the Federal Government, as provided under Items 49 and 62 of the Exclusive Legislative List in the Second Schedule of the 1999 Constitution. The council noted that the National Assembly enacted the ARCON Act 23 of 2023, vesting sole regulatory authority for advertising practice in Nigeria in the council.
“State Signage and Advertising Agencies’ laws are alien to the Nigerian Constitution in matters relating to advertising regulation,” the council stated, adding that it is not within the jurisdiction of any state agency to request, receive or approve advertisements — political or otherwise — prior to exposure.
ARCON warned that such directives could create regulatory bottlenecks and potentially undermine preparations for the 2027 general elections, particularly in the areas of political campaigns and voter education.
“As we approach the 2027 general elections campaign and voters’ education, we enjoin State Signage Agencies to tread with caution and desist from directives that can usurp the oversight responsibility of the Federal Government,” the statement read.
The council, however, expressed willingness to collaborate with state signage agencies to ensure peaceful electioneering processes devoid of partisan policies.
The advertorial, signed by ARCON Director-General, Dr. Olalekan Fadolapo, said the clarification became necessary following concerns raised by stakeholders and members of the public over the implications of the state directives on free and fair elections.
ARCON’s head office is located at Advertising House, National Theatre Annexe, Iganmu, Lagos.
