ARCON warns Ondo and Enugu agencies over illegal advert vetting directives, citing constitutional breach ahead of 2027 elections

The Advertising Regulatory Council of Nigeria, through its Director-General, Dr Olalekan Fadolapo, has declared directives issued by the Ondo and Enugu State Signage and Advertising Agencies requiring pre-exposure vetting of advertisements as illegal, unconstitutional and beyond their lawful powers.

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In a strongly worded statement dated 13 February 2026, Dr Olalekan Fadolapo, Director-General of the Advertising Regulatory Council of Nigeria, said the federal regulator’s attention had been drawn to letters and publications mandating advertisers and practitioners to submit certain categories of advertisements for approval before public display.

The directives, reportedly issued by the Ondo and Enugu agencies, require practitioners involved in Out-of-Home advertising to submit political, gaming, lottery and brand advertisements for vetting prior to exposure.

Dr Olalekan Fadolapo described the move as unlawful and ultra vires the powers of any state-level signage or advertising regulatory body.

The statement emphasised that ARCON warns Ondo and Enugu agencies that advertising regulation falls exclusively within the remit of the federal government under Nigeria’s Constitution.

Citing Item 49 and Item 62 of the Exclusive Legislative List in the Second Schedule to the Constitution, the regulator noted that advertising is classified as both a professional occupation and as trade and commerce.

Dr Olalekan Fadolapo stated that only the National Assembly possesses the authority to legislate on such matters and has already done so through the ARCON Act 23 of 2023.

“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. This act is illegal and unconstitutional,” the statement read.

The regulator expressed particular concern over the potential implications for the 2027 general elections.

Dr Olalekan Fadolapo cautioned that state-level interference in political advertising could create bottlenecks and undermine the integrity of electioneering and voter education campaigns.

ARCON warned Ondo and Enugu agencies to tread carefully and desist from directives that could usurp federal oversight responsibilities.

The council, however, signalled willingness to collaborate with state bodies to ensure peaceful campaigns free from partisan or disruptive policies.

The statement added that the clarification became necessary following widespread concern among industry stakeholders and members of the public who had raised alarm over conflicting regulatory instructions.