Members of Advertisers Association of Nigeria (ADVAN) have written to President Bola Tinubu, raising concerns over what they describe as unconstitutional and harmful regulatory practices of the Advertising Regulatory Council of Nigeria (ARCON).

The advertisers’ appeal follows the release of the 2025 Business Facilitation Act (BFA) Performance Report, which assessed 69 ministries, departments and agencies on efficiency, transparency, service delivery and complaint resolution. In the report, ARCON ranked last with a score of 3.0 per cent, the lowest on the national scorecard.

In an open letter signed by the Board of Trustees of ADVAN, they also expressed concern following the body’s poor rating in a recent Federal Government performance assessment.

ADVAN President Osamede Uwubanmwen disclosed advertisers were compelled to appeal to the Presidency after years of unsuccessful engagements with ARCON and other relevant authorities over regulatory practices that have, according to them, undermined confidence in the nation’s advertising and creative industry.

ADVAN noted that since 2019, advertisers have consistently raised concerns about ARCON’s operations, citing issues of arbitrary regulation, unclear processes and enforcement practices.

The group said the situation deteriorated further in 2022 with the introduction of the Advertising Industry Standard of Practice (AISOP), which it argued went beyond regulation to interfere in private commercial contracts.

According to the association, the impact of these regulatory actions is now evident across the industry, with a sharp decline in advertising spend, reduced campaign activity and the exit or reconsideration.

ADVAN said this contraction has affected media, creative services and allied sectors, with negative implications for employment and government revenue.

ADVAN, which represents brand owners responsible for over 90 per cent of Nigeria’s estimated ₦800 billion yearly marketing spend, said it speaks on behalf of multinationals, large indigenous companies and over 39 million micro, small and medium-scale enterprises (MSMEs) operating in the country.

Among the issues highlighted in the letter are the alleged absence of a governing council as required by the ARCON Act.

The constitutionality of ARCON’s tribunal structure, the imposition of what advertisers described as arbitrary vetting and promotional fees, and persistent approval delays even after payment for expedited services.

The association also raised concerns over inconsistent vetting decisions, exclusion of advertisers from policy discussions, creative restrictions, and threats of arrest or personal liability against company executives.