Apex advertising regulator declares state agencies’ directive on political and other ad approvals unconstitutional, warns of dangers to 2027 election campaigns
The Advertising Regulatory Council of Nigeria (ARCON) has fired a stern warning at state signage and advertising agencies, particularly those of Ondo and Enugu States over directives requiring advertisers and practitioners to submit political, gaming, lottery, and brand advertisements for vetting before exposure.
In a strongly worded press statement dated February 13, 2026 and signed by its Director-General, Dr. Olalekan Fadolapo, FCA, fnimn, fnipr, frpa, ARCON declared the directives “unlawful and ultra vires” the powers of any state advertising or signage regulatory agency.
the statement, which ARCON described as necessary to address what it called “misconceptions and misinformation among stakeholders and the public,” comes at a particularly with Nigeria’s 2027 general elections campaign season on the horizon and political advertising set to intensify across all platforms, especially outdoor and Out-of-Home (OOH) media.
ARCON stated that its attention had been drawn to letters, directives, and publications from several state signage and advertising agencies, with the most glaring being the new directives from Ondo and Enugu States. According to the statement, both agencies had required “all practitioners, advertisers and advertising agencies involved in Out-of-Home advertising in Ondo and Enugu States to submit some categories of advertisement i.e. political, gaming, lottery and brand advertisements before exposure.”
ARCON was unequivocal in its rejection of these directives, insisting that the act of vetting advertisements at the state level is not only procedurally wrong but fundamentally illegal under Nigeria’s constitutional framework.
The regulatory body anchored its position squarely in the Nigerian Constitution, pointing to the Exclusive Legislative List as the decisive authority. In its statement, ARCON explained: “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. It is the singular responsibility of the National Assembly to enact laws in this regard. The National Assembly enacted the ARCON Acts 23 of 2023 and reserve the power to regulate advertising to ARCON.”
The Council was emphatic that state-level advertising laws have no place in Nigeria’s constitutional order, stating in no uncertain terms: “State Signage and Advertising Agencies’ laws are alien to the Nigerian Constitution, and such power does not fall within the legislative remit of a state.”
Going further, ARCON drew a clear jurisdictional line that leaves no room for ambiguity. The statement declared that “it is not within a State Advertising and/or Signage Agency’s jurisdiction to request for, receive or approve any advertisement (political or otherwise) before exposure,” adding that “this act is illegal and unconstitutional.”
ARCON explicitly framed the urgency of the matter in the context of the approaching 2027 general elections, cautioning state signage agencies against actions that could clog the system at a critical time. The statement warned: “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, as well as create bottlenecks.”
Despite the firmness of its position, ARCON struck a conciliatory note, signalling willingness to work constructively with state agencies within the bounds of the law. The statement noted that “ARCON will seek and collaborate with State Signage Agencies in ensuring a peaceful electioneering and voters’ education devoid of partisan and guerilla policies.”
ARCON’s authority derives from the ARCON Act 23 of 2023, enacted by the National Assembly following the constitutional recognition of advertising as both a professional occupation (item 49 of the Exclusive Legislative List) and as trade and commerce (item 62 of the Exclusive Legislative List). The Act consolidates regulatory oversight of advertising in Nigeria under a single federal body, replacing the Advertising Practitioners Council of Nigeria (APCON) as the apex regulator.