The Advertisers Association of Nigeria (ADVAN) has expressed serious concerns regarding the absence of a governing council for the advertising profession, emphasizing that this gap is harming the industry.
Osamede Uwubanmwen, President of ADVAN, articulated his dissatisfaction with the current structure of the Advertisers Regulatory Council of Nigeria (ARCON). He pointed out that the legislation establishing ARCON lacks a clear distinction between regulatory and professional governance, stating, “We are the only industry that has both a professional body and a regulatory body at the same address.”
Uwubanmwen highlighted that unlike the advertising sector, other professions maintain distinct councils for professional development, whereas regulatory agencies handle enforcement. For instance, the banking sector has the Chartered Institute of Bankers of Nigeria under the regulation of the Central Bank, while the pharmacy profession is governed by the Pharmaceutical Society of Nigeria alongside the Pharmacy Council of Nigeria.
He further emphasized that ARCON was intended solely to regulate advertising practices, while the former Advertising Practitioners Council of Nigeria transitioned to a professional role. “In our profession, we must meet the regulator for every significant decision, a practice not seen in other professions,” he argued.
Established in 1988, APCON aimed to oversee advertising regulations, but after 34 years, it was restructured into ARCON to create a more robust regulatory framework. Recent legislation has expanded ARCON’s oversight powers to tackle both digital and traditional advertising challenges.
ADVAN has raised concerns regarding several aspects of the ARCON Act 2022, notably the definitions of advertising terminology and the provisions for a governing council. Uwubanmwen lamented the absence of a governing council since ARCON’s establishment in 2022, labeling the situation illegal. “The law mandates the establishment of a governing council for ARCON’s governance, yet there’s been none since its inception,” he stated.
He criticized the idea of the Minister of Information managing the council alongside ARCON’s Director-General, asserting, “The law clearly indicates that the minister should provide oversight but not sole authority. The council must remain independent, including representatives from essential industry bodies.”
Uwubanmwen argued that the establishment of a governing council would facilitate internal resolutions for industry disputes, such as the classification of website content as advertising. “A governing council would allow us to address such issues privately and reach solutions that benefit the industry as a whole,” he added.
Currently, ADVAN is pursuing legal action to challenge the legality of ARCON operating without a governing council. “We are seeking court interpretation on the law. If the National Assembly mandated the establishment of a governing council that has yet to materialize, does ARCON have the authority to operate without it? If the answer is no, then the court must enforce the creation of this council,” Uwubanmwen remarked.
In response, ARCON’s Director-General, Olalekan Fadolapo, dismissed ADVAN’s concerns, stating the matter is sub judice due to ongoing legal proceedings. “It is inappropriate to make public declarations on a case currently in court,” he stated.
Fadolapo further clarified that ADVAN has not formally communicated its grievances to ARCON, asserting, “As of January 16, I have no record of ADVAN submitting demands to ARCON. If they have concerns, they should be presented formally rather than through media channels.”
He indicated that discussions have yet to take place regarding the concerns raised by ADVAN and emphasized that industry reform efforts are in progress. When asked about ADVAN’s desire for a separate professional body, Fadolapo refrained from commenting further.
