ADVAN Takes Legal Action Against Government Over Advertising Reforms
The Advertisers Association of Nigeria (ADVAN) has taken significant legal action regarding advertising reforms in Nigeria, dragging President Bola Ahmed Tinubu and others to court. Under the leadership of Osamede Uwubanmwen, the association is challenging the constitutionality of these reforms to protect its members’ interests.
Joining ADVAN in this legal action are the Federal Ministry Of Industry, Trade and Investment and the National Institute Of Marketing Of Nigeria (NIMN).
Speaking at a press conference at its Ikeja office, ADVAN, through Osamede, notified the media that the action was necessary after thorough consideration of the implications of the ongoing reforms on the advertising industry and its members. He emphasized that the need for this legal action was driven by a commitment to uphold the integrity of advertising practices in Nigeria.
Osamede confirmed that rather than the speculations in the media, the association has indeed taken legal action against ARCON along with the parties to the suit. This step signifies a pivotal moment for ADVAN and the advertising industry at large.
He stated, “We do not take this matter lightly because we are law-abiding brands that hold the Nigerian constitution in the highest esteem. The ongoing ARCON reforms have raised concerns that need to be addressed.”
“We have engaged in numerous dialogues and consultations, and we want to clarify that while there were discussions suggesting that ADVAN had already gone to court, that was not official. We can now confirm that we have indeed taken the matter to court to challenge the constitutionality of the advertising reforms.”
He added that ADVAN views this legal action as an essential response to safeguard the interests of its members and the integrity of the marketing profession in Nigeria. Specifically, ADVAN pointed out that the legal action is instituted to tackle what it describes as a breach of the constitution and legal rights of advertisers and their members.
The Constitutional Concerns Over ARCON’s Reforms
“The Nigerian constitution is a revered document, and any amendments to it must adhere to a stringent process that involves approval by two-thirds of the Senate and the House of Assembly in Nigeria. After a thorough examination, ADVAN has identified certain aspects of the ARCON reform that appear to be in conflict with the constitution.”
“This includes the handling of marketing and advertising within the constitution and the regulation of contractual agreements between two parties. The organization believes that such agreements should not be legislated upon but should remain within the realm of enforceable legal contracts,” he said.
Mr. Uwubanmwen further explained, “The purpose of regulating communication is to ensure that harmful content is not displayed, and when it transforms into a revenue-generating mechanism, it contradicts the essence of regulation. This is especially concerning for corporate entities operating in Nigeria.”
Mr. Uwubanmwen concluded, “We are the leaders in our industry, the most trained and experienced. Our members have insisted that we explore all avenues of dialogue. As an organization committed to upholding the rule of law, we now turn to the court for guidance.”
“We hope that the court will carefully examine the aspects of the law in question and determine whether they are consistent with the Nigerian constitution. We believe in the wisdom of the court, and we have taken this step in the best interest of our industry and our members.”
This legal action by ADVAN not only aims to protect its members but also strives to foster a more equitable advertising environment in Nigeria. By taking this stand, ADVAN emphasizes the importance of adhering to constitutional principles and ensuring that the advertising industry operates within a framework that respects the rights of all stakeholders.
