The Nigerian advertising industry is embroiled in a conflict over governance and regulation, with the Advertisers Association of Nigeria (ADVAN) challenging the current structure and operations of the Advertising Regulatory Council of Nigeria (ARCON). ADVAN argues that the absence of a distinct governing council for the profession, as mandated by the ARCON Act of 2022, is hindering the industry’s growth and creating unnecessary friction. They contend that the current arrangement, where ARCON serves as both regulator and professional body, is a departure from the norm in other established professions, which typically have separate entities for professional development and regulatory oversight. This dual role, according to ADVAN, creates a conflict of interest and limits the industry’s ability to effectively address internal challenges and chart its own course.
ADVAN’s President, Osamede Uwubanmwen, highlights the disparity between the advertising industry’s governance structure and those of other professions like banking, pharmacy, and law. These professions have independent professional bodies that focus on member development, ethical standards, and skills enhancement, while separate regulatory agencies ensure compliance with industry regulations. Uwubanmwen argues that this separation of powers allows for a more balanced and effective approach to managing the respective industries. In contrast, the advertising industry’s current framework, where ARCON holds both regulatory and professional authority, forces practitioners to approach the same body for both professional guidance and regulatory compliance, a situation ADVAN finds inefficient and potentially stifling.
The crux of ADVAN’s argument lies in the interpretation of the ARCON Act of 2022, which stipulates the establishment of a governing council to oversee ARCON’s affairs. Despite the legal provision, such a council has not been constituted since ARCON’s inception in 2022, a situation ADVAN considers illegal. Uwubanmwen criticizes the Minister of Information’s perceived sole control over ARCON, arguing that the law mandates a more independent council with representation from various stakeholders, including academic institutions, broadcasting organizations, and advertising associations. This inclusive council, ADVAN believes, would provide a platform for diverse perspectives and facilitate more effective resolution of industry disputes.
ADVAN points to the controversy surrounding the classification of website content as advertising as an example of an issue that could have been resolved more effectively through a properly constituted governing council. The lack of such a council, they argue, has led to public disagreements and legal challenges, which could have been avoided through internal deliberation and consensus-building within a representative governing body. This specific dispute highlights the broader issue of ARCON’s expansive interpretation of its regulatory powers, a concern ADVAN believes could be mitigated by a governing council that provides checks and balances.
In response to ADVAN’s claims, ARCON’s Director-General, Olalekan Fadolapo, has largely refrained from public comment, citing the ongoing legal proceedings initiated by ADVAN. He maintains that the matter is sub judice and therefore不宜公开讨论. Fadolapo has also stated that ADVAN has not formally submitted its grievances to ARCON, suggesting a lack of direct communication between the two bodies. While acknowledging discussions with heads of other advertising sectoral groups, Fadolapo indicates that these discussions have not yet yielded a formal request for a meeting with ARCON to address ADVAN’s specific concerns.
The ongoing dispute between ADVAN and ARCON underscores the fundamental disagreement over the governance structure of the Nigerian advertising industry. ADVAN’s legal challenge seeks a judicial interpretation of the ARCON Act, specifically regarding the mandatory establishment of a governing council. They argue that ARCON’s continued operation without a council is a violation of the law and undermines the industry’s ability to effectively manage its affairs. The outcome of this legal battle will likely have significant implications for the future of advertising regulation and professional development in Nigeria, potentially reshaping the landscape of the industry. The absence of a governing council continues to be a point of contention, highlighting the need for clear delineation between professional governance and regulatory oversight within the Nigerian advertising industry.
