A legal luminary and Principal Counsel & Solicitor, Jiti Ogunye Chambers, Barrister Jiti Ogunye, has described the new Advertising Regulatory Council of Nigeria (ARCON) Act 2022, abolishing the Advertising Practitioners Council of Nigeria (APCON), as monstrous and draconian, noting such law will not serve the interest of the practice and .practitioners it is meant to protect.
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Ogunye, who gave this verdict at the Inauguration of Nigerian Advertising Development Team, and the Kick off of The Nigerian Chapter of GARM ( Global Alliance for Responsible Media), tagged ADVAN IGNITES, argued that some of the clauses in the law are simply unenforceable in the modern -day advertising.
One of the grey areas, he queried, is that which gives a Retired Judge the power to impose sanctions on erring practitioners, agencies or clients in the practice.
According to the legal luminary, once a judge is retired, such judge no longer has the power to impose sanctions on any individual or group of individuals.
“That’s why I am surprised that such law is being introduced at this time, when it is clear, according to the constitution, that it can not just be enforced,” he stated.
Barrister Ogunji also expressed his reservation on the clause that allows the Advertising Tribunal to impose sanctions on non-practitioners, too. He argued that while a practitioner could be sanctioned by the panel, he however described it as unbelievable that those that came up with the law could be thinking of subjecting non-practitioners to trial at the tribunal.
He also flayed the decision to criminalize a breach of the provision of the law, describing it as totalitarian and a distasteful piece of legislation.
The legal luminary also expressed his reservation at the fact that the Minister of Information was given such power to constitute a Tribunal that can sentence and impose sanctions.
“I don’t think the Minister has such rights. That’s why I’m even surprised that the national assembly could pass such law. Perhaps the national assembly does not know what it’s doing because this is an extensive intrusion, that is way beyond regulation
“Even if you want to claim the power of life and death over advertising, I don’t think this is how to go about it,” he stated.
Barrister Ogunji urged practitioners to challenge the law in courts of competent jurisdiction.
“I think we should begin to query the motives behind this law. Is it sired by corruption, or simply that of ignorance? But whatever it is, the law should be subjected to judicial review,” he added.
In his remarks, the President of ADVAN, Mr. Osamede Uwubanmwen explained that the ADVAN IGNITES provides the opportunity for stakeholders in the marketing industry to network and discuss global trends.
“We also see as an opportunity to showcase the brains behind the big brands in the country, with the aim of celebrating them,” he stated.
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