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By Bianca Iboma-Emefu
The Advertising Regulatory Council of Nigeria (ARCON) has issued a stern warning to the Oyo State Signage and Advertising Agency (OYSAA), declaring its recent directive requiring pre-exposure vetting of betting and gaming ads as outright illegal and unconstitutional.
ARCON’s unequivocal stance raises serious questions about the agency’s overreach and the future of advertising regulation in Nigeria.
In a strongly worded statement signed by Director General Dr. Olalekan Fadolapo, ARCON condemned OYSAA’s November 3, 2025, directive, which mandates advertisers and agencies involved in out-of-home advertising to submit betting and gaming-related promotional materials for pre-vetting before they can be exposed to the public.
ARCON emphasizes that this order exceeds the statutory powers of a state signage agency, describing it as an ultra vires act that threatens federal authority over advertising regulation.
ARCON’s warning comes amid mounting concerns over the legality of the directive, which it labels as “improper and unconstitutional.”
The regulator underscored that advertising regulation is a federal matter, rooted in the 1999 Constitution’s Exclusive Legislative List, specifically Items 49 and 62, which entrust national legislative authority over advertising to the National Assembly. Any attempt by a state agency to unilaterally regulate or vet advertising content is a clear breach of constitutional boundaries.
“The law establishing the Oyo State Signage and Advertising Agency is incompatible with the Nigerian Constitution,” ARCON stated. “Such powers do not fall within a state legislative remit, and any attempt to regulate advertising content at the state level constitutes a constitutional breach.”
ARCON also clarified that no state agency has the jurisdiction to vet, approve, or reject advertisements before they are exposed to the public. The regulator warned that OYSAA’s directive could undermine the stability of Nigeria’s advertising industry, create unnecessary bottlenecks, and slow down commercial activities, setting a dangerous precedent for other states to follow.
The statement serves as a decisive call to uphold federal authority and protect the integrity of Nigeria’s advertising framework. ARCON’s warning signals that any further attempts by states to regulate advertising content will face legal challenges and could jeopardize the industry’s growth and compliance standards.
In conclusion, ARCON reiterated its commitment to maintaining federal oversight over advertising regulation, warning industry stakeholders and the public that the agency’s directive is null and void. The council’s move underscores the importance of respecting constitutional boundaries in the regulation of trade, commerce, and advertising in Nigeria.
