ARCON declares OYSAA’s pre-exposure advertising directive unlawful, warning it exceeds the state agency’s constitutional powers

The Advertising Regulatory Council of Nigeria (ARCON) has issued a strong warning to the Oyo State Signage and Advertising Agency (OYSAA), declaring its directive for pre-exposure vetting of certain advertisements unlawful.

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ARCON’s Director General, Dr Olalekan Fadolapo, in a press statement on Thursday, criticised the November 3, 2025, OYSAA letter, which required advertisers and agencies in the out-of-home segment to submit betting- and gaming-related advertisements for mandatory vetting before deployment in Oyo State.

“The directive is unlawful and ultra vires the powers of a state advertising and/or signage regulatory agency,” ARCON said, stressing that advertising regulation in Nigeria is constitutionally domiciled at the federal level.

The council cited Items 49 and 62 of the Second Schedule of the 1999 Constitution, noting that advertising is recognised as a professional occupation and a component of trade and commerce under the Exclusive Legislative List, placing legislative authority solely with the National Assembly.

ARCON emphasised that the enabling law establishing OYSAA cannot override constitutional boundaries, insisting that state agencies have no jurisdiction to vet, approve, or reject advertising content prior to exposure.

“Advertising in Nigeria is established as a professional occupation and trade, and it is the singular responsibility of the National Assembly to enact laws in this regard,” the statement read.

“It is not within a State Advertising and/or Signage Agency’s jurisdiction to request for, receive or approve any advertisement for exposure.”

The council warned that allowing OYSAA’s directive to stand could have serious consequences for the advertising industry, potentially undermining stability, slowing commercial activity, and creating bottlenecks for advertisers operating within Nigeria.

“This action will not only set the industry back but also create a bad precedent,” ARCON added.

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The regulator issued the statement to clarify misconceptions arising from OYSAA’s directive and to reassure industry stakeholders and the public of the legal framework governing advertising in Nigeria.