The Advertising Regulatory Council of Nigeria, ARCON, has declared unlawful a directive issued by the Oyo State Signage and Advertising Agency requiring advertisers and agencies operating in the out-of-home segment to submit certain advertising materials for mandatory pre-exposure vetting before deployment within the state.
In a strongly worded press statement issued by the regulator and signed by its Director General, Olalekan Fadolapo, ARCON said the directive, which specifically targets betting- and gaming-related advertisements, goes beyond the constitutional and statutory powers of a state signage agency and constitutes an ultra vires action.
ARCON disclosed that its attention was drawn to a letter issued by the Oyo State Signage and Advertising Agency on November 3, 2025, with reference number OYSAA/382/11/39, directing practitioners, advertisers and advertising agencies involved in out-of-home advertising in Oyo State to submit “betting and gaming-related advertising messages, promotional materials, and public communications for mandatory pre-vetting before exposure.”
According to the national advertising regulator, such a requirement is not only improper but unconstitutional. “The directive which requests all practitioners, advertisers and advertising agencies involved in Out-of-Home advertising in Oyo State to submit betting and gaming-related advertising messages, promotional materials, and public communications for mandatory pre-vetting before exposure in Oyo State is unlawful and ultra vires the powers of a state advertising and/or signage regulatory agency,” ARCON stated.
The council emphasised that advertising regulation in Nigeria is firmly domiciled at the federal level, stressing that advertising is recognised both as a professional occupation and as a component of trade and commerce under the Exclusive Legislative List of the 1999 Constitution (as amended). It cited Items 49 and 62 of the Second Schedule, noting that these provisions clearly vest legislative authority over advertising in the National Assembly.
“Advertising in Nigeria is established as a professional occupation in line with item 49 of the Exclusive Legislative List in the Second Schedule of the Constitution and also as trade and commerce, in line with item 62 of the Exclusive Legislative List in the Second Schedule of the Constitution,” the statement read. “It is the singular responsibility of the National Assembly to enact laws in this regard.”
ARCON further added that the enabling law establishing the Oyo State Signage and Advertising Agency cannot override or expand constitutional boundaries, insisting that any attempt by a state agency to regulate advertising content amounts to a constitutional breach.
“Kindly note that, Oyo State Signage and Advertising Agency law is alien to the Nigerian Constitution and such power does not fall within a state legislative remit,” the council said.
Reinforcing its position, ARCON stated unequivocally that state signage agencies have no jurisdiction to vet, approve or reject advertising content prior to exposure, regardless of sector or medium. “It is not within a State Advertising and/or Signage Agency’s jurisdiction to request for, receive or approve any advertisement for exposure,” the statement added.
