The Advertising Regulatory Council of Nigeria (ARCON) has declared a directive from the Oyo State Signage and Advertisement Agency (OYSAA) requiring pre-exposure vetting of out-of-home adverts unlawful.
According to ARCON, OYSAA asked 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.
Olalekan Fadolapo, ARCON’s director-general (DG), said in a statement on Friday that the directive, which targets betting and gaming adverts, exceeds the powers of a state signage agency and is an ultra vires action.
“The attention of the Advertising Regulatory Council of Nigeria (ARCON) has been drawn to a letter or directive issued by the Oyo State Signage and Advertising Agency dated 3 November 2025 with reference number OYSAA/382/T1/39,” the statement reads.
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“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.
“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. It is the singular responsibility of the National Assembly to enact laws in this regard.
“Kindly note that the Oyo State Signage and Advertising Agency law is alien to the Nigerian Constitution and such power does not fall within a state legislative remit. It is not within a state advertising and or signage agency’s jurisdiction to request for, receive or approve any advertisement for exposure.”
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Fadolapo reiterated that the action of OYSAA will set the industry back, create a bad precedent, and cause bottlenecks for advertisers and advertising agencies within the Nigerian advertising ecosystem.
