By Ganiyu Olowu
”When institutions stand together, nations rise. When they turn against one another, progress falters.”
That simple truth should guide the national conversation following the recent commentary by O’tega Ogra on the Federal High Court judgment setting aside the Advertising Regulatory Council of Nigeria’s (ARCON) administrative sanction against Facebook Nigeria. While the authority of the courts and the supremacy of the rule of law remain beyond question, the issues raised by the judgment extend far beyond the outcome of a single case. They touch on something much more fundamental: how public institutions relate to one another, how they earn public confidence, and how those entrusted with influential public office contribute to strengthening, rather than weakening, the system they serve.
Public office carries responsibilities that extend beyond the expression of personal opinion. Those who serve within the Presidency are naturally perceived as speaking from one of the highest platforms of government. Their public interventions are often interpreted as reflecting the thinking and policy direction of the administration they represent. For that reason, such interventions should inspire confidence in public institutions, encourage constructive engagement and reinforce coherence across government. In a constitutional democracy, differences in interpretation will inevitably arise, but they should never create the impression of disunity within the machinery of government or diminish public confidence in statutory bodies established by law.
As a senior presidential aide and a respected figure within Nigeria’s advertising community, O’tega Ogra occupies a position that demands measured public engagement and institutional restraint. His influence is perhaps best deployed in encouraging dialogue, fostering collaboration and helping to build consensus across the communications industry. That approach would strengthen both government and industry, while reinforcing the confidence upon which effective regulation ultimately depends.
This is particularly important in relation to ARCON, an institution created by the National Assembly to uphold standards, professionalism and accountability within Nigeria’s advertising and marketing communications industry. Judicial scrutiny of one regulatory decision should never become an occasion to diminish the relevance of the institution itself. Every mature democracy recognises that regulators occasionally have their decisions reviewed, refined or overturned by the courts. That is not evidence of institutional failure. It is the normal functioning of constitutional democracy, where the judiciary interprets the law and public institutions continue to evolve within the framework established by legislation.
Nigeria’s advertising industry has come of age. Over several decades, it has grown from a modest commercial support service into one of the country’s most dynamic creative industries. It attracts investment, drives innovation, creates employment, supports enterprise, influences consumer behaviour and projects Nigerian brands beyond our borders. As the industry expands into an increasingly complex digital environment, it requires regulatory institutions that are strong, credible and continually evolving alongside the marketplace they oversee.
The conversation should therefore move beyond the narrow question of who prevailed in a particular legal dispute. The more enduring question is how Nigeria can continue to build institutions capable of responding effectively to the rapidly changing realities of digital advertising while preserving public trust, encouraging responsible investment and protecting the long-term integrity of the communications industry.
The suggestion that effective regulation discourages investment tells only part of the story. Investors are equally attracted to jurisdictions where public institutions are respected, market rules are transparent, competition is fair and consumers have confidence in the regulatory environment. Regulatory certainty remains important, but regulatory credibility is equally indispensable.
Experience across mature advertising markets reinforces this point. In the United Kingdom, the Incorporated Society of British Advertisers has maintained a constructive relationship with the Advertising Standards Authority and the Committee of Advertising Practice. In Australia, the Australian Association of National Advertisers works closely with Ad Standards to strengthen responsible advertising and consumer confidence. In the United States, the Association of National Advertisers regularly engages with regulators to promote ethical advertising, improve industry standards and encourage policy development. Their influence is measured not by the frequency of their disagreements with regulators, but by the quality of their contribution to building stronger and more trusted regulatory systems.
Nigeria should aspire to the same model. The Association of Advertisers in Nigeria (ADVAN), as the collective voice of advertisers and brand owners, occupies a uniquely strategic position within the communications ecosystem. Its contribution extends beyond representing commercial interests. It also has an important opportunity to serve as a bridge between advertisers, agencies, media owners, digital platforms, regulators and policymakers. No industry prospers when its defining relationship with its regulator is characterised by recurring confrontation. Sustainable progress is built on continuous dialogue, mutual respect and a shared commitment to national development.
Against that broader institutional backdrop, it is equally important to examine the legal propositions advanced in the commentary. Respect for the court’s judgment is unquestionable. Equally open to legitimate debate, however, are the broader policy conclusions drawn from that judgment.
The Federal High Court determined the legality of a specific regulatory action on the facts and statutory provisions placed before it. It did not pronounce advertising regulation unnecessary, nor did it diminish ARCON’s statutory responsibility to uphold standards within Nigeria’s advertising and marketing communications industry. There is an important distinction between reviewing the exercise of a statutory power and questioning the legitimacy of the institution that exercises it. Judicial review strengthens the rule of law by ensuring that public authorities act within the limits prescribed by legislation. It should not be mistaken for a rejection of the institution itself.
Modern regulation also requires a broader appreciation of how public institutions function. Advertising regulation, consumer protection, competition law, telecommunications and data protection increasingly intersect within the same commercial activity. Across leading economies, regulators with complementary mandates work collaboratively, respecting one another’s statutory responsibilities while pursuing the common objective of protecting the public interest. Effective governance is achieved through coordination, not institutional rivalry.
History offers valuable perspective. Many of today’s most respected regulatory institutions evolved through judicial interpretation, legislative refinement and sustained engagement with the industries they regulate. Landmark court decisions have often prompted stronger legislation, clearer procedures and more effective regulatory practice. Nigeria should embrace that same tradition. Where the courts clarify statutory boundaries, the appropriate response is institutional learning, legislative refinement and stronger collaboration among relevant agencies, not diminished confidence in the institutions entrusted with public responsibility.
The same principle applies to industry leadership. Organisations such as the Association of Advertisers in Nigeria (ADVAN) occupy positions of considerable influence within the communications industry. Around the world, comparable advertiser associations have built credibility by working alongside regulators, encouraging dialogue, promoting voluntary compliance and contributing to policy development. They recognise that enduring industry growth depends not on perpetual confrontation but on constructive partnership. Nigeria’s advertising ecosystem deserves the same spirit of collaboration.
Ultimately, leadership is measured not by how effectively one identifies the shortcomings of public institutions following an adverse judgment, but by how responsibly one contributes to making those institutions stronger, more accountable and better equipped to serve the public interest. Great professional leaders build institutions that outlive them. They understand that industries prosper where institutions command confidence, governments speak with coherence and leadership is exercised with wisdom and restraint.
That is the enduring lesson from mature democracies. It is also the path that best serves Nigeria’s advertising industry, its investors, its consumers and, above all, the national interest.
Strong institutions are not built by celebrating their setbacks or by overlooking their shortcomings. They are built through honest scrutiny, constructive engagement and the shared determination to make them better. Every judicial decision presents an opportunity to refine our laws, strengthen regulatory practice and deepen public confidence in the system.
Nigeria’s advertising industry has reached a defining stage in its evolution. Its continued growth will depend not only on innovation and investment but also on the strength of the institutions that uphold professional standards, protect consumers and promote fair competition. Those institutions deserve thoughtful criticism where necessary, constructive support where possible and unwavering respect for the constitutional responsibilities entrusted to them.
History consistently rewards societies that invest in strong institutions. They provide certainty for investors, confidence for consumers, credibility for industry and stability for government. That is the enduring foundation upon which sustainable growth is built.
When institutions stand together, industries flourish. When industries flourish, nations prosper. And when institutions stand together, nations rise.
Ganiyu Olowu, a marketing communications analyst and public affairs commentator, is based in Lagos.
Culled from thisdaytime.com
