The Advertising Regulatory Council of Nigeria (ARCON) has issued a directive for the immediate removal of “All Eyes on the Judiciary” advertisement billboards across the nation. ARCON’s Director-General, Dr. Olalekan Fadolapo, announced the decision and emphasized that all materials associated with the campaign must be taken down without delay, and those responsible for the violation would face sanctions.
The Advertising Standards Panel (ASP) of the Council came under scrutiny for approving one of the concepts of the controversial advertisement. However, Fadolapo revealed that the concept had not passed the Council’s vetting guidelines for a multitude of reasons.
Central to the issue is the fact that the subject matter of the advertisement is currently pending before the Presidential Election Petition Tribunal (PEPT), rendering it “jus pendis” – a legal term indicating that the matter is sub judice. In the Nigerian legal system, matters awaiting judicial pronouncement are restricted from public statements, debates, discussions, and advertisements. Fadolapo expressed concern that the advertisement’s content could potentially incite public unrest and disrupt peace.
The advertisement has also raised allegations of blackmail against the Nigerian Judiciary, the PEPT, and the Honourable Justices of the Tribunal. Fadolapo asserted that such accusations cast a shadow over the judicial process, which demands an unbiased and fearless approach to cases that are currently under judicial review.
As a result of the controversy, Fadolapo announced the dissolution of the ASP Secretariat for failing to adequately uphold its role as the guardian of advertising, advertisement, and marketing communications standards. Additionally, an investigative committee will be established to delve into the circumstances that led to the approval of the inappropriate advertisement concept and the subsequent breach of vetting guidelines.
In response to the situation, ARCON has taken disciplinary action by suspending the director and deputy director of regulations. Fadolapo clarified that this suspension is necessary to ensure an impartial investigation into the matter.
