Political parties, campaign organisations, advertising agencies and media platforms risk prosecution for exposing political advertisements without prior regulatory approval as Nigeria prepares for the 2027 general elections.
Director-General of the Centre for Media Law and Development (CMLD), S. Charles Odenigbo, gave the warning in a keynote address at a stakeholders’ engagement on political advertising regulation organised by the Advertising Regulatory Council of Nigeria (ARCON) at D’Podium Event Centre, Ikeja, Lagos.
Odenigbo said political advertisements must be vetted by the Advertising Standards Panel (ASP) before publication, broadcast or display, stressing that the requirement applies to traditional media, outdoor advertising and digital platforms, including Facebook, X, Instagram, TikTok and WhatsApp channels.
He said the growing use of digital platforms had made it easier to circulate campaign materials without approval, while intensifying political competition and financial interests could encourage stakeholders to disregard regulatory requirements.
According to him, the ARCON Act 2022, the Nigerian Code of Advertising Practice, the Electoral Act and the Nigeria Broadcasting Code establish binding obligations for political advertisers, agencies and media organisations.
Odenigbo cited Section 34(3) of the ARCON Act, which he said prescribes a fine of not less than N500,000 or one year’s imprisonment for an individual, and a fine of not less than N1 million for a corporate body for relevant offences.
He said ARCON had issued warnings in February and August 2026 over the exposure of unapproved political advertisements, including materials that allegedly violated religious and ethnic guidelines, and had announced nationwide enforcement exercises.
The CMLD director-general urged campaign sponsors, agencies, media buyers, influencers and media owners to establish clear contractual agreements defining their respective responsibilities and liabilities in the event of regulatory breaches or legal disputes.
He argued that compliance discussions should go beyond identifying the person or organisation that published an advertisement to establish who sponsored, commissioned, authorised, financed, coordinated or benefited from it.
Under the compliance requirements outlined in his address, political advertisements must be submitted to the ASP with the relevant creative materials, media schedules and supporting documentation.
Advertisements should not be exposed until an approval certificate has been issued, while media organisations and relevant advertising authorities are expected to reject unapproved materials.
Odenigbo also stressed that campaign messages should focus on issues, policies and performance rather than personal attacks, character assassination or unsubstantiated allegations against opponents.
He said advertisements must not exploit religious, ethnic, regional or sectional sentiments in ways capable of provoking hostility, violence or civil unrest. Political advertisers, he added, must ensure that claims about candidates’ records, achievements and public projects can be substantiated.
The address also highlighted obligations under the Nigeria Broadcasting Code, including fairness, balance and equal opportunity in political broadcasting.
Broadcasters are expected to avoid partisan treatment of candidates and parties, while partisan campaigns and advertisements must end no later than 24 hours before polling day, as stipulated in the code.
Odenigbo said the regulatory framework also covered online advertising, noting that Article 85 of the Nigerian Code extends advertising rules to internet-based communications directed at the Nigerian market.
He said campaign organisations and digital influencers could not avoid regulatory responsibility simply because content was distributed through social media or other electronic channels.
On outdoor advertising, Odenigbo acknowledged concerns about state-level signage permit fees, citing controversy over reported charges in Abia State of N200 million for presidential candidates and N150 million for governorship candidates.
He noted arguments that such fees could consume a disproportionate share of candidates’ statutory campaign spending limits and restrict opposition parties’ access to outdoor advertising.
However, he maintained that concerns over state permit regimes did not remove the obligation to comply with the federal advertising framework.
He called for regulatory attention to issues surrounding the administration of signage fees, particularly where the charges were alleged to disadvantage challengers, while urging stakeholders to pursue complaints through appropriate channels rather than disregard the law.
Odenigbo also proposed including a representative of the Independent National Electoral Commission (INEC) on the Advertising Standards Panel, arguing that the electoral body’s participation could help address abuses associated with political advertising.
He said the panel’s composition already included representatives of ARCON and several advertising, media, broadcasting, consumer protection and other regulatory bodies.
According to him, the panel’s role includes protecting the public against misleading, harmful and offensive advertisements and ensuring that marketing communications are legal, decent, honest, truthful and respectful of Nigerian culture.
Odenigbo warned that selective enforcement of advertising rules could undermine public confidence, urging regulators to apply the law impartially regardless of the political party or candidate involved.
He advised stakeholders who considered approval processes too slow or permit fees excessive to raise their concerns through the appropriate channels.
“Comply with the law, or face the consequences,” he said, urging political advertisers to obtain prior approval, use issue-based messaging, respect campaign spending limits and observe the campaign silence period.
He said effective cooperation between regulators, political parties, advertising agencies and media organisations was necessary to ensure that political communication remained lawful and supported peaceful electoral participation.