The Advertising Regulatory Council of Nigeria (ARCON) has declared a constitutional showdown against state signage and advertising agencies, specifically targeting recent directives from Enugu and Ondo states. In a statement released by Director-General Dr. Olalekan Fadolapo on Thursday, February 19, 2026, the federal regulator warned that state-level mandates requiring the pre-vetting of advertisements are illegal, unconstitutional, and ultra vires meaning they exceed the lawful powers granted to state governments.
The jurisdictional conflict arises from new directives in Enugu and Ondo that require practitioners and advertisers to submit political, gaming, lottery, and brand advertisements for state approval before public display. ARCON argues that this encroaches on the Exclusive Legislative List of the Nigerian Constitution (Items 49 and 62), which reserves the regulation of professional occupations and trade including advertising solely for the National Assembly. This legal friction is intensifying as Nigeria prepares for the 2027 general elections, with ARCON warning that state-level interference could create partisan bottlenecks and distort voter education efforts.
ARCON maintains that while state agencies have the right to regulate physical structures (signage) and environmental compliance, they possess no statutory power to vet advertising content. The agency asserts that the ARCON Act 23 of 2023 remains the only valid legal framework for content vetting in Nigeria. ARCON highlights that advertising is classified as a federal matter under “Trade and Commerce,” and expressed alarm that state agencies might use vetting powers to suppress opposition messaging or create “guerilla policies” ahead of the 2027 campaigns. The regulator labeled state-level vetting laws as “alien to the Constitution,” urging states to desist from creating bureaucratic hurdles for advertisers.
While ARCON battles state-level encroachment, it is simultaneously facing a backlash from the private sector over its own stringent “Vetting Regime.” A recent analysis reveals that Nigerian businesses particularly SMEs and digital startups are buckling under the weight of ARCON’s mandatory pre-exposure approval process. Despite the council’s effort to sanitize the space, unapproved advertisements are reportedly proliferating online, as the sheer volume of digital content outpaces the regulator’s processing capacity.
The bureaucratic delays caused by this regime mean campaigns often lose “viral” momentum while waiting for Advertising Standards Panel (ASP) approval. Additionally, vetting fees often exceed the total ad spend for small-scale entrepreneurs and influencers, leading to a significant economic strain. Local firms also struggle to compete with foreign entities that bypass Nigerian regulations, as businesses report significant losses when “organic” and “sponsored” posts are flagged and taken down.
The tension is most visible in the digital economy. ARCON’s insistence that every social media ad from a local barber’s video to a multinational’s campaign must be vetted has created a “compliance trap.” While large corporations can afford accelerated vetting fees ranging from N70,000 to N100,000, small brands find the process prohibitive. Stakeholders argue that while consumer protection is vital to curb scams, the current regime risks stifling innovation in Nigeria’s fast-paced creative economy. Finding a balance between federal oversight and ease of doing business remains critical as the industry looks toward 2027.
