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With less than three months to the end of the Buhari’s administration, Raheem Akingbolu writes that the inability of the administration to constitute the governing council for the Advertising Regulatory Council of Nigeria (APCON), remains a major failure
Perhaps because of his perceived zero tolerance for corruption and weak institutions, players in the nation’s marketing communications industry had a strong hope in President Muhammadu Buhari when he was inaugurated in 2015. Top among their expectations was that his administration would promote professionalism and protect local businesses through a viable regulatory body.
Few weeks after the Buhari/Osinbajo administration came on board; it dissolved the governing board of the then Advertising Practitioners Council of Nigeria (APCON) along with other government parastatals. The dissolution was considered a temporary setback but it ended up throwing a spanner into the affairs of the advertising regulatory body. For an industry that had just scaled through a serious hurdle following the removal of a non-professional, Prince Ngozi Enioma, who was hastily appointed as APCON Chairman, by the previous administration, the dissolution of the much celebrated newly instituted Udeme Ufot-led council was unexpected.
With the appointment of Mr. Udeme Ufot, a well-respected industry egg head and Group Managing Director of SO&U, as the chairman of council, his colleagues in the advertising industry heaved a sigh of relief. With “one of their own” on the saddle, it was expected the business of regulation, which had been put on the reverse gear for close to two years, would start in earnest. Of utmost interest to the industry was the implementation of the long-awaited advertising reform.
The Long Wait
Months into the administration, the federal government started announcing names of council members of various government parastatals but nothing was said about APCON. One year gone, mum was still the word. Players in the industry became agitated. They wereconfused over the government’s nonchalant attitude towards the re-constitution of the governing council.
Almost eight years after and with change in status from APCON to ARCON to lay more emphasis on its regulatory function, the council has remained without a constituted board. Of course, this has affected the growth of the multi-billion-naira industry as many advertising practitioners and operators in other sectoral bodies are showing reluctance in fulfilling their professional responsibilities.
Between 2014 and now, the leadership of various sectoral bodies has explored many opportunities, including visiting the Presidency and the office of the Minister of Information and Culture, to impress on the federal government about the importance of the council, but nothing has been achieved in this regard.
As the highest regulatory body in the advertising industry, operations are believed to have become weak in the last eight years because of lack of constituted authority to sit down and take decisions on sundry issues.
The Genesis
In 2014, the administration of former President Goodluck Ebele Jonathan, appointed a non-practitioner as APCON Chairman and the appointment was rejected by stakeholders in the industry as an affront.
President Jonathan had immediately reversed the appointment and constituted another one headed by the Group CEO of the SO&U, Mr. Udeme Ufot.
Despite the acceptability of the Ufot led council, it was dissolved again alongside other parastatals boards in July 2015. As a result of the strategic importance of the council to the effective operation of APCON, pressures were mounted on the Buhari’s administration to quickly reconstitute the board, but nothing was done until December, 2017 when the federal government goofed for the third consecutive time as it appointed politicians and non-advertising and marketing practitioners into the board of APCON.
Those appointed then were Hon. Jacob Sunday (Chairman), Chief Dayo Abatan, Aloysius Okafor, Sani Tulu, Akor Sunday, Ismaila Umar Sifawa and Murtala Adamu Atiku
The appointment was contrary to the APCON law, which demands that council members must be fellows of the regulatory body.
The Nigerian Advertising Laws, Rules and Regulations Act 55 of 1988 (as amended), states that, “a chairman, who should be appointed by the President, shall be a distinguished fellow of the profession.” Also, seven persons are to be appointed by the minister, one of whom shall be from the Ministry of Information and the rest from among other interests in advertising, which in the opinion of the minister, ought to be adequately represented.
Thus, the announcement triggered a fresh round of confusion in the industry as some of the practitioners insisted that the appointment was illegal and could not stand.
Immediately the announcement was made, practitioners in the country were quick to condemn, in strong terms, the alleged appointment of non-advertising and marketing practitioners into the council and moved ahead to advocate autonomy for APCON.
Many top practitioners insisted that the exercise was in clear breach of the Act setting up the institution, insisting that the government should not be seen to be flouting the constitution of the country.
Speaking to THISDAY on the development, the then President Advertisers Association of Nigeria (ADVAN), Mrs. Folake Ani-Mumuney, reiterated the need for advertisers to join other stakeholders to clamour for APCON to be properly instituted.
Ani-Mumuney, who said it was embarrassing for APCON to remain like an orphan for over three years, said stakeholders would continue to take every opportunity to engage directly, indirectly with the powers that be to give APCON a befitting council.
She added: “Of recent, as a body we all came together; Media Independent Practitioners Association of Nigeria, (MIPAN), Association of Advertising Agencies of Nigeria and of course ADVAN. We wrote a communiqué, which was sent to the Minister of Information and culture, Alhaji Lai Mohammed, where we made our request quite clear.
“We demanded for a proper constitution, we requested for people with industry knowledge and experience. Towards the end of last year, some announcements were made. We were jubilating and celebrating that it looked like we had made progress but again we felt that people who were nominated were not industry practitioners and as we all know that will not happen in a medical profession. It will not happen in the legal profession, why will it happen in advertising? So; we were quite clear that we felt that we will be doing ourselves a disservice and we will be doing the nation a disservice, if we do not bring expert hands, if we do not ensure that we call to question some of the nominations there.” Ani Mumuney had stated.
Also speaking on the same issue, the then Secretary General of the Outdoor Advertising Association of Nigeria (OAAN), Mr. Femi Ogala, said the absence of the council was causing a lot of disservice to the industry.
According to him, “Marketing Communication Practice without APCON council is like a vehicle without a driver. It affects all stakeholders; the consumer, the advertiser and the practitioner. Besides, there are several committees like the disciplinary committee that have not been constituted because there is no council to sit for their approval,”
Practitioners were confused over the issue, when it was learnt that neither the Minster nor the council’s Registrar, could do anything to change the status quo because the prerogative of setting up a new APCON Council lies within the jurisdiction of President Muhammadu Buhari.
Fadolapo’s Appointment
Like the proverbial light at the endof the funnel, a core professional, Dr. Lekan Fadolapo was appointed towards the end of year 2020 as Registrar/Chief Executive Officer of the Advertising Practitioners Council of Nigeria (APCON). For the first time under Buhari, Nigeria’s marketing communications landscape heaved a sigh of relief because they regarded the new helmsman as one of their own.
Until his appointment, Fadolapo, a registered advertising practitioner and fellow of the Institute of Chartered Accountants of Nigeria (ICAN), was the Executive Secretary of the Association of Advertising Agencies of Nigeria (AAAN).
Perhaps because of the years the industry had been in the limbo, following the seeming federal government’s apathy towards APCON council and lack of substantive Registrar, Fadolapo’s appointment elicited jubilation among stakeholders, who all described it as a case of putting a round peg in a round hole.
While setting agenda for the new CEO, the leaders of various sectoral bodies, including AAAN’s Steve Babaeko; President, Outdoor Advertising Association of Nigeria (OAAN), Emmanuel Ajufo and the then President, the Experiential Marketers Association of Nigeria (EXMAN), Tade Adekunle, called on Fadolapo to move in immediately and see to the reconstitution of the APCON council as well as looking into the pending Advertising industry reform.
Two and half years down the line, Fadolapo has carried out various reforms and raised the status of the council which necessitated the recent change of name from APCON to the Advertising Regulatory Council of Nigeria (ARCON).
Reviewing the industry under the current administration, Fadolapo told THISDAY in an exclusive interview that the advertising and marketing communications industry generally fared well under Buhari.
He argued that the industry has witnessed transformational reforms through progress-driven policies, regulatory frameworks, and legislations.
“Quite a number of policies were made to protect and improve the ethical advertising business environment and practice. The administration ensured the successful implementation of the Advertising Industry Standard of Practice (AISOP), which provides a minimum standard of business practice between stakeholders as well as the deregulation of media rate in Nigeria.
“The protection and improvement of local contents in the advertising industry were brought to the forefront to boost job creation, reduce capital flight, and attract investments in the sector. The policies made here include a total ban on the use of foreign models and voice-over artists in Nigeria’s advertising space and ensuring the use of a cumulative of 75% local content in ambience, production, and post production activities,” Fadolapo said.
He also spoke about the repeal of the Advertising Practitioners (Registration Etc) Act CAP A7, L.F.N 2004 and the enactment of the Advertising Regulatory Council of Nigeria Act, No. 23 of 2022, which he pointed out that it has adequately empowered the Council to regulate the business and practice of advertising, advertisements, and marketing communications in Nigeria in all ramifications.
On the constitution of council, Fadolapo added that, “In as much as the Constitution of a Governing Council would have complimented the works done by the Council, its absence did not adversely set back the potentials of the Council. The Honourable Minister of Information and Culture, Alhaji Lai Mohammed, did not relent in ensuring that the council receives proper attention, which aids in the discharge of its statutory and ancillary mandates.
But to the President of the Association of Advertising Agencies of Nigeria (AAAN), Mr. Steve Babaeko, the performance of the communication industry under the current administration has been a mixed one.
On the positive side, Babaeko admitted that the appointment of the Registrar, Dr. Olalekan Fadolapo, was a significant boost for the industry.
“Dr. Fadolapo’s proactive approach saw the implementation of several reforms, including The Advertising Industry Standard of Practice (AISOP) and the passage of the ARCON bill by the National Assembly. The signing of the bill into law by the President was also a major milestone for the marketing communication industry. Additionally, the Minister for Information and Culture, Alhaji Lai Mohammed, regularly engaged with stakeholders, effectively bridging the gap between the industry and the government,” he said.
However, like most practitioners, Babaeko agreed that the non-constitution of the ARCON council remains a setback for the industry. While appealing to President Buhari to take necessary action before the end of his tenure, he emphasised that the issue required urgent attention.
