WHEN ADVAN TRUSTEES JOIN THE ADVAN PRESIDENT IN A WEB OF MISINFORMATION, DISINFORMATION, AND MANIPULATION WITH THE INTENT TO HALT THE NIGERIAN ADVERTISING INDUSTRY REFORMS: A RESPONSE TO ADVAN’S OPEN LETTER TO THE PRESIDENT
The attention of the Advertising Regulatory Council of Nigeria (ARCON) has been drawn to the publication of an open letter to the President of the Federal Republic of Nigeria by the Trustees of the
Advertisers Association of Nigeria (ADVAN).
In response to the publication, ARCON would like to state as follows:
1. ADVAN has filed multiple lawsuits against ARCON, challenging the advertising industry reforms and the constitutionaliơ of its oversight functions. The issues raised in their leůer are already part of the cases pending before the Federal High Court for determination. The issues are currently sub judice.
If a case is sub judice, why take it to the media? Again, ADVAN has gone to the media with misinformation, with the intention of obstructing and halting the ongoing advertising industry reforms.
2. At the commencement of President Bola Ahmed Tinubu’s administration, and in line with the Renewed Hope Agenda, the Hon. Minister of Information and National Orientation, Alhaji
Mohammed Idris, directed all government agencies under the Ministry to adopt the Nigerian First Policy of the Federal Government and embark on reforms that will promote inclusive growth. This has led to a series of reforms in the Nigerian advertising industry, which ADVAN has vehemently
opposed. Some of the reforms and ADVAN’s positions are:
2a. Use of Nigerians in Advertisements and Local Production of Advertisements
During a review, it was discovered that some advertisers outsourced the use of talent in advertisements targeted at the Nigerian market. Many advertisements use foreign models and voice-over artists. In some cases, productions are done outside the country, thereby denying Nigerians and the Nigerian economy the benefits and gains of advertising income. In order to
reverse this trend and in line with the Nigerian First Policy, ARCON directed that all advertisements targeting the Nigerian market must use Nigerian talent and be produced in Nigeria, except where circumstances do not permit this.
These directives did not go down well with some ADVAN members and, aŭ er a series of lobbying efforts, ADVAN resorted to a media war and
misinformation.
2b. Credit Policy and Payment Threshold
Anyone close to the industry will know that one of the major problems of the Nigerian advertising industry is media debt. Media debts are not owed to the advertising agencies alone but are largely owed to media houses (broadcast, print, and OOH), production companies, and third-party vendors. There have been accusations and counter-accusations regarding media debt. ARCON, at some point, sought the intervention of the EFCC in order to rid the industry of debt.
In line with global practices, ARCON adopted the 45-day payment cycle as recommended by the Advertising Industry Standards of Practice (AISOP) Committee and sought to enforce advertising laws. ADVAN lobbied ARCON to suspend the payment threshold policy and allow its members to
conduct their businesses without adherence to the payment policy.
ARCON’s refusal was tagged
as interference with personal contracts and over-regulation. Some members of ADVAN prepay foreign media houses but owe local media houses with impunity.
2c. Disengagement Protocol
It is on record that some ADVAN members disengage their advertising agencies without formal
closure and payment of outstanding debts. This has led to unethical practices and industry debt
and has retarded the growth of the Nigerian advertising industry. ARCON adopted the recommendation of the Advertising Industry Standards of Practice (AISOP) Commiůee and
requested all advertisers to close media debts and financial obligations before the movement of accounts. This did not go down well with ADVAN, which consequently accused ARCON of overregulation and interference with private contracts.
3. ADVAN AND PEBEC REPORT OF 3% PERFORMANCE
ADVAN is a long-time ally of PEBEC and has tried to use PEBEC to undermine ARCON’s policies and
oversight functions. Some multinationals have also sent petitions to PEBEC, trying to use the agency to interfere in and decimate ARCON’s oversight powers and mandate. The published report of PEBEC was not only biased but also an aůempt to ridicule ARCON. It is part of several
strategies to blackmail and manipulate opinions against ARCON. ARCON’s performance report was presented during the engagement on the implementation of Presidential Performance and Ministerial Deliverables sessions of the Federal Ministry of Information and National Orientation.
ARCON’s records are at the Ministry for fact-checking and perusal. ARCON does not and cannot score 3% in performance as stated by PEBEC and publicized by ADVAN.
4. ADVAN’s Allegation of Non-Involvement in Industry Engagement
Again, for the record (which can be verified), ADVAN voluntarily withdrew from the Heads of Advertising Sectoral Group (HASG) platform. ADVAN declined participation in the National Advertising Conference, notwithstanding that a good number of advertisers were in aůendance in their individual and organizational capacities. ADVAN also declined participation in the Advertising Industry Colloquium, notwithstanding that some advertisers sponsored and
participated in the programme. As of today, ADVAN has a representative on the Advertising Standards Panel (ASP), which is the statutory panel responsible for the veůing of advertisements.
ADVAN wants ARCON to suspend the advertising industry reforms as a condition for participating
in any engagement and yet complains of non-inclusion.
5. ADVAN’s Allegations of Decline in Media Spend and Exit of Some Organizations Due to ARCON’s
Reforms
ADVAN is challenged to provide verified data on the alleged decline in advertising spend, as well as
publish the names of organizations that have exited Nigeria because of the industry reforms. Why would a responsible organization leave a country because it was asked to use the citizens of that country in its advertisement content? Why would a responsible organization exit a country
because it was requested to pay advertising debts as and when due? Rather than decline as alleged, the industry has witnessed growth and new investments. ARCON collaborated with HASG to conduct and fund independent research on advertising industry spend and the contribution of advertising to the country’s GDP. PwC, a renowned global brand with integriơ, was engaged to
conduct the research. The report was presented to stakeholders and published in the media. PwC can be contacted to confirm the report. ADVAN is challenged to publish or counter the PwC report
on advertising industry growth and contributions to GDP.
6. ADVAN’s False Claim of 90% Contribution to Advertising Spend and Misinformation of N800B spent by its members.
This is another instance of misinformation and manipulation by ADVAN to seek relevance and
truncate the ongoing advertising industry reforms. The employer and organization where the ADVAN President, Mr. Osamede Uwubanmwen, currently works cannot boast of N1 million in annual advertising spend, yet they claim that its members spend over N800 billion annually on advertising. Also, ADVAN members do not contribute 90% of the Nigerian advertising industry
spend, nor do they conduct business worth N800 billion as claimed. We challenge ADVAN to publish its active membership list and advertising spend. ADVAN members contribute less than
10% of the advertising industry spend, and its membership has declined in recent times due to poor leadership.
Given Mr. Osamede Uwubanmwen’s company’s very poor advertising spend and his retention in office, it is either that the ADVAN President is acting on behalf of some organizations that chose to use ADVAN to fight the industry reforms, or that ADVAN members are
nonchalant about the association’s leadership. Either or both call for concern.
7. ADVAN Trustees Joined in the Manipulation and Misinformation
It is rather unfortunate that the Aare Fatai Odeshile-led Trustees of ADVAN allowed the leadership of ADVAN to involve them in this web of manipulation and misinformation. ADVAN’s Board of
Trustees, which functions as a body of elders, chose to bypass ARCON and its supervisory Ministry for possible engagement before publishing what is not only inaccurate but also full of false claims.
The publication, which is misleading and deceptive, reflects poorly on the entire leadership of ADVAN. This approach is truly regreůable and worrisome.
8. ADVAN’s Continued Attack on the Advertising Offences Tribunal (AOT)
The ADVAN President, Mr. Osamede Uwubanmwen, has granted several interviews attacking the Tribunal and its Chairman at different times. This is also part of their case against ARCON at the
Federal High Court. Recent court judgments have validated the constitutionaliơ and legaliơ of the
Advertising Offences Tribunal and its statutory power to adjudicate on advertising offences. The advertising industry is not the only sector of the economy with a tribunal. Tribunals exist in other sectors, e.g., the Investment and Securities Tribunal, Tax Tribunal, Consumer Protection and Competition Tribunal, etc. The Advertising Offences Tribunal has been one of the mechanisms that has helped in sanitizing the advertising industry, as well as improving ethical conduct and
compliance.
9. ARCON’s Governing Council Composition and Inauguration
The Federal Government is following due process in the appointment of the Governing Council Chairman, as the procedure changed with the enactment of the ARCON Acts No. 23 of 2022. The
appointment process involves rigorous veůing of nominated candidates. In appointing the Chairman of the Governing Council, due diligence and securiơ checks are conducted to ensure
alignment with the ARCON Acts, global best practices, and the interests of the industry. The Federal Government is working on the appointment and inauguration of the Governing Council.
There is a distinction between the Governing Council and the Management Commiůee, as both bodies serve different functions within ARCON’s structure. The Management Committee is responsible for day-to-day administrative decisions and is headed by the Director-General.
The ARCON Act provides clear oversight mechanisms. The Honourable Minister of Information and National Orientation has oversight power and control over both the Management Commiůee
and the Governing Council, to the extent that decisions of both bodies are subject to the approval of the Honourable Minister. There is no vacuum in ARCON’s regulatory duties despite the absence
of a Governing Council.
10. What does ADVAN intend to achieve with the publication?
Seek the President’s intervention on issues they had earlier taken to the Federal High Court and later claim interference with judicial powers?
Manipulate operators, stakeholders, and the public with misinformation in order to halt the ongoing advertising industry reforms?
For the record, ARCON has championed the use of Nigerians in all advertising and marketing communications targeting the Nigerian market. ARCON has promoted the use of Nigerian companies in advertisement production and, by extension, created jobs for Nigerians. ARCON has largely resolved
industry media debts and issues involving media owners and service providers, thereby building a
stronger industry with improved contributions to GDP.
The era of lawless advertising with impuniơ is over. ADVAN is not the only association in the advertising industry (there are over 10 associations and stakeholders), but it has remained the only notoriously combative association because of its desire to halt the advertising industry reform and
enslave the Nigerian advertising industry.
ARCON will resist all aůempts and blackmail by ADVAN or any other group(s) to halt the ongoing
advertising industry reforms. ARCON will remain focused and resolute in promoting the Nigerian First
Policy and aligning with the Renewed Hope Agenda of the present administration.
Dr. Olalekan Fadolapo, FCA, fnimn, frpa
Director-General
23rd February, 2026
