By Tunji Faleye
The recent advertising conference which took place at Transcorp Hilton Hotel Abuja with the theme: “Advertising in the post-digital age: the profession, the business and Nigeria’s socio-economic development” has been described as an epoch making event in the history of advertising business in Nigeria.
The cooperation of other sectorial bodies with Advertising Practitioners Council of Nigeria (APCON) to organize such conference is also commendable.
The conference was the first of such event, bringing together professionals from the various fields of advertising to share their perspectives and form a common ground on ways to reposition the profession as it continues to evolve.
Spearheaded by APCON, the conference became an avenue to address many challenges ranging from long absence of the governing Council of APCON and the serious setbacks around the statutory functions of APCON to regulate advertising in the country, where the frame work to do that has sometimes been subject of arguments, conflicts and litigations.
At this juncture, it is imperative to note that advertising practice was conferred the status of a profession in Nigeria through an Act of Parliament, originally enacted as Decree number 55 of 1988, (cited as Advertising Practitioners, registration, etc. Act). Interestingly, under the regulatory purview of the Advertising Practitioners Council of Nigeria – APCON, established by the Act, the profession has continued to evolved and contribute enormously to the economic and social developments of the country.
Despite the enormous contribution, the profession has continued to enjoy little or no support from different governments. The refusal of the government to compose the Council board has been a source of worry to the practitioners. Even, whenever government appoints the Chairman of the Council outside the profession, it is considered a rape of the law setting up advertising business in the country.
Some of these wrong appointments were opposed by the practitioners, hence the delay in the composition of the APCON Chairman till date. Few years back, advertising practitioners under the aegis of Association of Advertising Agencies of Nigeria (AAAN), and retired veterans condemned in strong terms the alleged appointment or nomination of non advertising and marketing practitioners into the new board of APCON.
Top Nigerian advertising practitioners said the exercise was in clear breach of the Federal Act of parliament setting up the institution, insisting that government should not flout the constitution of the country.
That will be the third time the Federal Government goofed consecutively as it announced names of politicians and non advertising professionals as nominees for the yet to be reconstituted council which had been delayed for some years now.
That year, the appointed APCON council members were Hon. Jacob Sunday (Chairman), Chief Dayo Abatan, Aloysius Okafor, Sani Tulu, Akor Sunday, Ismaila Umar Sifawa and Murtala Adamu Atiku.
The appointment was contrary to the APCON law which demands that council members must be fellows of the regulatory body. According to The Nigerian Advertising Laws, Rules and Regulations Act 55 of 1988 (as amended), a chairman who should be appointed by the President, shall be a distinguished fellow of the profession.
Also, seven persons are to be appointed by the minister, one of whom shall be from the Ministry of Information and the rest from among other interests in advertising.
Prior to the appointment of Sunday Jacob as APCON Chairman, Heads of Advertising Sectoral Groups (HASG) also rejected unanimously the appointment of Ngozi Emioma as the Chairman of the Advertising Practitioners Council of Nigeria (APCON).
HASG comprises the Association of Advertising Agencies of Nigeria (AAAN), Advertisers Association of Nigeria (ADVAN), Outdoor Advertising Association of Nigeria (OAAN), Broadcasting Organisations of Nigeria (BON), Media Independent Practitioners Association of Nigeria (MIPAN), and Newspapers Proprietors Association of Nigeria (NPAN).
In the midst of these awkward appointments and the attendant uproars, the vacuum has expectedly slowed down some of the operations of APCON, particularly in the area of initiating fresh regulatory policies and carrying out certain operations that require the approval of the Council. Thus, APCON is left to carry out routine operations of the Council and when necessary, with the counsel of appropriate stakeholders.
What Next ?
Remarkably, the Advertising Conference served as an avenue for stakeholders to further call on the federal government to improve its recognition of advertising industry as a partner in nation building.
They said government should also constitute APCON Board and appoint the chairman of the board from the array of practitioners available in the country.
Speaking on this at the conference in Abuja, the doyen of advertising in Nigeria and Chairman of Troyka, Biodun Shobanjo said, “Much as I cannot pretend to be adept at the way government works, and this should be very surprising, given that I have spent about 56 years of my life working, including for government, I am still at a loss to understand why it’s been so difficult to constitute a Council for APCON these past three years or so. Section 10 of decree 55 of 1988 established the APCON Council. That same decree spelt out its composition. I am not unaware that some overzealous politicians assume that they can have a role to play in APCON, forgetting that it is strictly a professional body. My assumption is that unless and until government amends the decree, it may be difficult to subvert the intent and purpose of the decree.”
Apart from the constitution of APCON board, Shobanjo advised that APCON must also play its role without fear or favour. His words:
“In all of this, the regulator, APCON, must play its regulatory role without fear or favour. A situation where interlopers are allowed to infiltrate the business, as is the case in many sectorial sectors, must be stopped. One keeps hearing stories of how the rules are being bent for children of the strong and powerful. This cannot be good for the industry. A situation where the law proscribes foreigners from acquiring not more than 25% equity and they circumvent this by using unscrupulous Nigerians must be stopped and reversed. And I don’t know where APCON sits with regards to multiple taxation and inconsistent policies of state government in the out of home industry. Clearly, an intervention is needed. Just as the vexed and perennial subject of debt within the industry- between clients, service providers and media owners needs be rested once and for all. I am inclined to proposing an almost draconian alternative that this be legislated through a law that mandates all to do that which is globally accepted as the norm- 60 days settlement of certified invoices.”
Apart from these, expert say, agencies and practitioners also need to work smart and constantly update their knowledge in order to be relevant in today’s world, especially when the myriad of digitally savvy boys and girls at Yaba or Ikeja, the Accentures or management consultants are now posing a serious danger as the new competition in the advertising industry.