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LAGOS – In a direct and unusual appeal, the Board of Trustees of the Advertisers Association of Nigeria (ADVAN) has issued an open letter to President Bola Tinubu, voicing serious concerns about the operations of the Advertising Regulatory Council of Nigeria (ARCON). The intervention comes amid growing industry pressures and follows a recent federal performance report that ranked the regulator poorly.
While acknowledging the President’s efforts to stabilise the economy, reform public institutions and enhance the ease of doing business, ADVAN warned of an escalating crisis within Nigeria’s advertising and creative sectors. The association stated that since 2019, industry stakeholders have made repeated efforts to engage ARCON over concerns it described as arbitrary regulation, opaque processes and inconsistent enforcement practices that have weakened business confidence.
ADVAN’s letter raises fundamental questions about the legality and governance structure of the regulator. Chief among its concerns is the absence of a governing council, as required under ARCON’s enabling law, which the association says is critical for effective oversight. It also challenged the constitutional validity of ARCON’s tribunal, arguing that its structure merges regulatory, prosecutorial and adjudicatory roles in a manner that undermines principles of fair administrative procedure.
The association further alleged the imposition of arbitrary vetting and promotional fees, the absence of transparent standard operating procedures on ARCON’s official platforms, and the exclusion of advertisers from key policy deliberations. Additional complaints include threats of arrest and personal liability against company executives, interference in private commercial agreements, persistent delays in approval processes despite payments for expedited services, and inconsistent vetting outcomes. ADVAN maintains that these practices weaken effective brand communication and distort fair competition within the industry.
According to the association, the resulting climate of uncertainty has discouraged investment and eroded confidence in Nigeria’s regulatory environment, outcomes it said run counter to the government’s economic reform agenda. ADVAN emphasised the strategic importance of the advertising sector, noting that advertisers account for over 90 percent of Nigeria’s estimated ₦800 billion annual marketing expenditure and play a key role in economic growth, job creation and national image building.
To reinforce its position, ADVAN cited the Federal Government’s 2025 Business Facilitation Act (BFA) Performance Report, which ranked ARCON last among 69 government agencies with a score of 3.0 percent. The association contrasted this result with several agencies that scored above 80 and 90 percent, arguing that effective public service delivery remains achievable within the system.
In light of these findings, ADVAN called for urgent presidential intervention. The association requested an independent audit of ARCON’s governance and operations, the immediate establishment of a representative governing council comprising key industry stakeholders, and the introduction of clear, enforceable service standards. It stressed the importance of transparency, consultation and accountability in regulating Nigeria’s advertising industry.
The letter concludes with a call to safeguard Nigeria’s reputation, creative economy and investor confidence. ADVAN stated that its appeal is made in the national interest and highlighted the need for decisive leadership to restore industry integrity and support sustainable growth.
The association noted in part: “Since 2019, advertisers have consistently raised concerns with relevant authorities about the operations of the Advertising Regulatory Council of Nigeria (ARCON).
“These engagements have been sustained, formal and undertaken in good faith to resolve growing problems of arbitrary regulation, unclear processes and enforcement practices that increasingly undermine business confidence.”
ADVAN further stated that the situation deteriorated in 2022 following the introduction of the Advertising Industry Standard of Practice (AISOP), which it said sought to regulate contractual agreements between private entities and led to a decline in advertising activities and expenditure rather than promoting balance, innovation or growth.
“Your Excellency, the impact is now visible and measurable. Advertising expenditure has fallen sharply as brands reduce or cancel campaigns. Some companies have exited the Nigerian market, while others are reconsidering future investments. This contraction has reduced activity across media, creative services and allied sectors, with direct consequences for employment and government revenue.”
