ADVAN to sue FG over new advertising regulation
Advertisers under the aegis of the Advertisers Association of Nigeria are set to sue the Advertising Regulatory Council of Nigeria over its controversial advertising regulations.
ADVAN President, Osamede Uwubanmwen, made the disclosure when he spoke in an exclusive interview with The PUNCH on Tuesday.
Uwubanmwen said legal action had become necessary after all necessary channels aimed at resolving the impasse with the regulatory council failed.
According to him, ADVAN’s contention hinges on the fact that the newly introduced advertising law is in breach of Nigeria’s constitution, and therefore unacceptable to practising advertisers.
He further stated that if allowed to stand, the new advertising law would infringe upon the fundamental human right to enter into legal contract with another party.
He said, “With the ARCON pronouncement, we are going to court for interpretation. We want to know if they can do this, because the Nigerian constitution we know is telling us so many things. For example, setting up a panel and giving us a retired judge as head, cannot work because the person cannot do pronouncement again.
“The constitution allows me to do legal contract. For ARCON to say it wants to be involved and do my contract for me doesn’t make a sense. Let me tell you why this is happening.”
Uwubanmwen said the association had already drafted 50 questions challenging the legitimacy of the new advertising law, and would seek the interpretation of the court on some of its controversial provisions.
Leaning on a recent court judgment which reversed fines imposed by the Nigerian Broadcasting Commission on some broadcast stations, Uwubanmwen questioned ARCON’s right to impose fines on penalties, as entrenched in the new ARCON Act.
He further criticised the regulatory council for not engaging stakeholders during the drafting of the new advertising law.
On his part, the Director-General of the Advertising Regulatory Council of Nigeria, Olalekan Fadolapo, in an interview with The PUNCH, said the new ARCON law was not in breach of the constitution.
He said the ARCON law was borne out of the need to sanitise the advertising industry and rid it of the underhanded practices that had stifled its growth for a long time.
Fadolapo said, “My question to them is — which part of the constitution? It is not enough to say it is against the constitution. You should be able to specifically said — this section of the constitution. You should be able to pin it. The spirit and the letter of the constitution is equity, fairness and justice.
On the claim by the advertisers that the new law would see ARCON dictate terms of payment negotiated by advertisers and their clients, which in effect violates their fundamental human right to enter into legal contract with other parties, Fadolapo said that the idea behind that particular provision of the law was not to intrude, but to ensure fairness to all parties involved.
He added, “There has not been any time ARCON said it wants to be at the negotiation table to discuss when to pay, what to pay or how to pay. They should not mislead the public. Should we, as a government agency allow them to ruin the industry? Look at what is happening in other markets. They pay within a maximum of 45 days.
After six years of waiting Toke Makinwa’s sister announces her pregnancy
Toke Makinwa’s sister announces her pregnancy Source: Google; Instagram @tokemakinwa After six years of waiting, Toke Makinwa, a media celebrity...
“Yorubas throw the best parties, nothing they cannot share as souvenirs” Mercy Aigbe recounts her experience at a Yoruba party (Video)
Nollywood actress, Mercy Aigbe has crowned Yoruba parties as the best. The movie star, who turned heads at a colleague’s...
Nasarawa Assembly faction approves 20 Special Advisers for gov Sule
A faction of the Nasarawa State House of Assembly has approved the request of Governor Abdullahi Sule for the appointment...
Pirates hijack two passenger boats in Rivers
By Okafor Ofiebor/Port Harcourt Passengers and seafarers along the Port Harcourt-Abonnema-Kula route in Rivers State have been thrown into panic...
‘No Shake Your Bum Or Dirty Lyrics, I Will Influence Music Industry For God’ – Spyro discloses priority
Nigerian musician, Oludipe Oluwasanmi David, popularly known as Spyro has disclosed that he won’t record any ungodly or dirty music....
“You and your papa chose me when I thought my life was devoid of love” Uche Ogbodo emotional as she celebrates daughter’s second birthday
Nollywood actress, Uche Ogbodo is celebrating her daughter, Lumina’s birthday today, June 8. The young champ turns 2 and in...
Two to die by hanging for kidnapping, armed robbery
Delta State High Court 2 sitting at Effurun in Uvwie Local Government Area has convicted and sentenced two persons, Mr...
Subsidy removal: What Nigerians should expect soon – Dayo Adetoye
By Isa Isawade Mr Dayo Adetoye, a Financial and Management consultant with expertise in project management, financial analysis and investment...
I was on my period while cooking during the cookathon – Hilda Baci spills
Celebrity chef, Hilda Baci has ignited the wrath of netizens after sharing that she was seeing her monthly flow all...
“You will forever live in my heart and mind” Saidi Balogun grieves as he loses sister
Nollywood actor, Saidi Balogun has lost his younger sister, Idiat Balogun Aminu. Taking to his Instagram page to bid her...