ADVAN Writes Open Letter to Presidency Demanding Reform of ARCON’s Unlawful Practices
In an unprecedented move, the Board of Trustees of the Advertisers Association of Nigeria (ADVAN) has written an open letter directly to President Bola Tinubu, expressing grave concerns over the activities of the Advertising Regulatory Council of Nigeria (ARCON). The association’s appeal comes amidst mounting industry challenges and a recent government performance report that scored the regulator poorly.
The open letter begins by commending the President’s efforts to stabilise Nigeria’s economy, reform public institutions, and improve the ease of doing business, but swiftly shifts focus to the deepening crisis within Nigeria’s advertising and creative industries. ADVAN highlights that since 2019, the industry has engaged in multiple efforts to address issues with ARCON, which they describe as increasingly undermining business confidence through arbitrary regulation, unclear processes, and inconsistent enforcement practices.
Concerns Over Unconstitutional and Ineffective Regulation
ADVAN’s letter raises serious concerns over the legality and operational conduct of ARCON. Among their primary issues is the absence of a governing council, as stipulated in the ARCON law, which is essential for overseeing the agency’s activities. The association also criticises the constitutionality of ARCON’s tribunal, which they say combines the roles of regulator, prosecutor, and judge—an arrangement that contravenes principles of fair administrative process.
Further grievances include the imposition of arbitrary vetting and promotional fees, lack of transparent standard operating procedures on ARCON’s official platforms, and the exclusion of advertisers from key policy discussions. ADVAN also condemns threats of arrest and personal liability against company executives, interference in private commercial contracts, persistent delays in approval processes despite payment for expedited services, and inconsistent vetting decisions. These issues, they assert, weaken effective brand communication and hinder fair competition.
Industry Impact and Economic Implications
The association argues that such practices have created an environment of uncertainty, deterring investment and eroding trust in Nigeria’s regulatory framework—outcomes that are in direct opposition to the government’s economic reform agenda. They emphasise that the advertising industry, which controls over 90 percent of Nigeria’s estimated ₦800 billion annual marketing spend, is vital for economic growth, employment, and the nation’s global image.
Adding weight to their concerns, ADVAN references the latest Federal Government performance data, which underscores ARCON’s failings. The 2025 Business Facilitation Act (BFA) Performance Report ranked ARCON last among 69 government agencies, with a score of just 3.0 percent—a stark indication of institutional failure. Several agencies scored above 80 or 90 percent under the same assessment, demonstrating that effective service delivery is achievable within government.
Call for Urgent Government Action
In light of these findings, ADVAN is calling for immediate, decisive intervention from the Presidency. The association requests an independent audit of ARCON’s governance and operations, the establishment of a council with a representative board comprising key industry stakeholders, and the setting of clear, enforceable service standards. They emphasise the need for transparency, consultation, and accountability in the regulation of Nigeria’s advertising industry.
A National Call for Industry Regulator Reform
The association’s open letter concludes with a plea to protect Nigeria’s reputation, creative economy, and investor confidence. ADVAN asserts that their appeal is made in the national interest and underscores the importance of leadership in restoring industry integrity and fostering sustainable growth.
The full letter reads 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 good-faith attempts to resolve growing problems of arbitrary regulation, unclear processes and enforcement practices that increasingly undermine business confidence.”
It explained further that “Matters worsened in 2022 with the introduction of the Advertising Industry Standard of Practice (AISOP), which essentially sought to regulate private entity contractual agreements, this only instigated a reduction of advertising activities and spend, rather than fostering balance, innovation or growth.
“Your Excellency, the impact is now visible and measurable. Advertising spend has dropped 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 implications for employment and government revenue.”