The Advertisers Association of Nigeria (ADVAN) is worried about the lack of a governing council for the advertising profession in Nigeria. They believe that not having an independent council, separate from the body that regulates advertising, is harming the advertising industry.
Osamede Uwubanmwen, the president of ADVAN, shared his thoughts in a phone interview. He expressed his disappointment with the current structure of the Advertisers Regulatory Council of Nigeria (ARCON). He pointed out that the law that created ARCON does not clearly separate the roles of regulation and professional governance. He stated, “We are the only industry or profession that has both the professional body and regulatory body with the same address,” meaning that both functions are handled by the same organization, which is unusual.
Uwubanmwen compared the advertising industry to other professions that have separate organizations for professional development and regulation. For example, he mentioned that bankers have the Chartered Institute of Bankers of Nigeria, while the Central Bank of Nigeria regulates banking practices. Similarly, pharmacists have the Pharmaceutical Society of Nigeria, and the Pharmacy Council of Nigeria oversees the pharmaceutical industry. In the legal field, lawyers have the Nigerian Bar Association, while the National Judicial Council regulates the judiciary.
He believes that the advertising industry should follow this model and not be treated differently. Uwubanmwen explained that ARCON was initially meant to regulate advertising practices, while the former Advertising Practitioners Council of Nigeria was supposed to serve as the professional body. He expressed concern that if the advertising profession wants to make important decisions, they must go through the regulator, which is not how other professions operate.
ARCON was established in 1988 to regulate advertising, but it changed to its current structure in 2022 after calls for a more organized regulatory framework. This new law aimed to give ARCON more authority to tackle challenges in both digital and traditional advertising.
Read Also: NIQS Teams Up With Julius Berger For Top-Notch Infrastructure
However, ADVAN has raised concerns about some aspects of the ARCON Act 2022, particularly regarding how it defines advertising terms and the absence of a governing council. Uwubanmwen pointed out that since ARCON was established in 2022, it has not had a governing council, which he described as illegal. He noted, “The law states that a governing council shall be established to manage the affairs of ARCON. From 2022 till now, there has been no council.”
He criticized the idea that the Minister of Information could run the council alongside ARCON’s Director-General, Olalekan Fadolapo. Uwubanmwen argued that the law clearly states that while the minister should have oversight, they should not have full control. He believes the council should be independent and include representatives from important industry groups, such as the Nigerian Universities Commission, the National Board for Technical Education, the Broadcasting Organisations of Nigeria, and various advertising associations.
He explained that if there had been a governing council, disputes within the industry, like the debate over whether certain website content should be classified as advertising, could have been resolved more effectively. “With a council in place, we would deliberate on these issues behind closed doors and emerge with solutions that benefit the entire industry,” he said.
Currently, ADVAN is taking legal action against ARCON, arguing that it should not be allowed to operate without a governing council. Uwubanmwen stated, “We are asking the court to interpret the law. If the National Assembly established a governing council and it has not been set up for three years, does ARCON have the right to operate without it? If the answer is no, then the court should mandate that a council be constituted.”
In response to ADVAN’s concerns, ARCON’s Director-General, Olalekan Fadolapo, dismissed the worries, stating that since the matter is already in court, it should not be publicly discussed. He mentioned, “If a case has been taken to court, it is sub judice to start making public declarations on it.”
Fadolapo also noted that ADVAN had not formally submitted its complaints to ARCON. He said, “As of January 16, I am not aware that ADVAN has written to ARCON making demands. If there are any, they must have made them through the media. We are a government agency and do not respond to everything published in the media.” He added that leaders of advertising sector groups had talked with ADVAN and asked them to submit their concerns in writing for further discussions.
He concluded by saying that while ADVAN is pushing for a separate professional body for advertisers, he would not comment on that issue.
