Advertisers Association of Nigeria (ADVAN) has approached court to challenge the amended of Advertising Practitioners Council of Nigeria (APCON) Law.
The supervising Ministry of Information is a defendant in the suit.
ADVAN president, Osamede Uwubanmwen, in Lagos, said the move followed a wholesale review of the legislation and its implications on the advertising industry and members.
He stated that his organisation sees the legal action as an essential response to safeguard interests of members and integrity of the profession in the country.
The decision to challenge the ARCON Law, according to him, is rooted in their unwavering commitment to uphold the Nigerian Constitution and ensure that the rule of law prevails.
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His words: “We do not take this matter lightly because we are law-abiding brands that hold the Nigerian Constitution in the highest esteem. The ARCON Law, as it stands, has 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 law.
“The Nigerian Constitution is a revered document, and any amendment to it must adhere to a stringent process that involves approval by two-thirds of the Senate and Houses of Assembly in Nigeria. After a thorough examination, ADVAN has identified certain aspects of the ARCON Law 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 organisation believes that such agreements should not be legislated upon, but should remain within the realm of enforceable legal contracts.
“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 corporate entities operating in Nigeria.”