Connect with us

Business

Revealed!  Why ADVAN Drags  ARCON To Court

Published

on

Revealed!  Why ADVAN Drags  ARCON To Court

Revealed!  Why ADVAN Drags  ARCON To Court

 

 

The ADVAN suit against ARCON is focused on aspects of the new ARCON law that are clearly unconstitutional in their provisions.
ADVAN supports any reform that is geared towards industry development and is pursued via the stipulations of the nation’s constitution and below we outline a few areas where the constitutional rights of advertisers are breached under the new ARCON law.

 

Revealed!  Why ADVAN Drags  ARCON To Court

 

 

REMIT OF THE LAW
1) S1, 2d Notwithstanding the provisions in any other Act, have exclusive power to determine, pronounce upon, administer, monitor, and enforce compliance by persons and organizations on matters relating to advertisements, advertising, and marketing communication in Nigeria, whether of a general or specific nature.

ADVAN POSITION
The above section of the ARCON law essentially states that it can override any other legislation or regulation as it pertains to advertising and marketing communications in Nigeria – ADVAN seeks clarity on this, as there are various industry regulators that also regulate advertising content for its members

2)▪S2 The provisions of this Act applies to —
▪ S2a Individual, organization, body corporate or agency of the Federal Government, State, or Local Government which engages in, regulates, sponsors or takes benefit of advertising services, advertisements, and marketing communications services; and
▪ S2b Any person who sponsors or takes benefit of an advertising, advertisement, or marketing communications services within the provisions of this Act.

 

 

 

 

ADVAN POSITION
ADVAN Members belong to various industries and are regulated by the appropriate regulators of those industries.
Here ARCON states in its new law, that it now regulates advertisers (All corporate entities that utilize advertising) even though they do not engage in the business of advertising.
ADVAN is asking the court to clarify if a regulator can move beyond its mandated regulatory jurisdiction, to regulate the clients/ beneficiaries of services of its regulated
(Eg Who does the Nigerian Bar Association regulate? Lawyers or clients of Lawyers?)
Our Understanding of regulation globally is that regulation are for those registered in an industry or profession, NOT the clients or beneficiaries of the services.
The ARCON law states that it now regulates ALL sponsors and beneficiaries of advertising and marketing communications.

INTERPRTATION AND TEMINOLOGIES (ACCORDING TO THE ARCON ACT)
Advertising means any act, action, activity, construct, or undertaking directly, or indirectly, intentionally, or unintentionally, aimed at creating, planning, strategizing, managing, developing, producing, propagating, servicing, or facilitating an advertisement, brand, or marketing communications ideas.”

ADVAN POSITION
This definition of advertising is incorrect
The definition tends closely to the definition of marketing and not advertising
ADVAN is asking court to clarify if a regulatory institution can change globally accepted definitions and terminologies arbitrarily without recourse.
If regulatory bodies can now decide their own definitions and terminologies of existing and approved terms, as it suits them

PRIVILEGES OF REGISTERED PERSONS AND OFFENES BY UNREGISTERED PERSONS
4)S31. (1) A person not being registered in accordance with this Act, shall not be entitled to hold any appointment in the public service of the Federation or of a State or in any public or private establishment, body, or institution if the holding of a such appointment involves the performance by him in Nigeria of any act pertaining to the profession for gain.

 

S32. (1) An individual or organization, not being registered in any register established under this Act who has failed, refused or neglected to comply with the conditions and requirements for advertising, advertisement, and marketing communications as stipulated under this Act, or who uses any name, title, description or symbol calculated to lead any person to infer that he is engaged in advertising, advertisement or marketing communications commits an offence and is liable on conviction.

ADVAN POSITION
ADVAN is asking that the court clarify if the above section of the ARCON law seeks to register and regulate all persons that have over sight function of their organizations advertising and marketing communication’s activities.
(e.g. Marketing Communications Directors of Advertiser organizations)
ADVAN is of the understanding that a business can utilize the services of any professional (person or organization) without needing to be registered with the professional/regulatory body in charge. As is the case, Accountants, Auditors etc.
ADVAN is asking the court if a business should not have the right to oversee work done by professionals without necessarily needing to be registered or regulated in that profession.

ADVERTIING OFFENCES TRIBUNAL
5)S37. (1) There is established under this Act, the Advertising Offences Tribunal (in this Act referred to as “the Tribunal”).
(2) The Tribunal shall adjudicate over offences created under this Act, Code of Advertising Practice, Standard of Practice, Proclamation and other relevant enactments made under this Act.
(3) The Tribunal shall exercise the jurisdiction, powers and authority conferred on it under this Act or any other enactment.
S43. (1) The Tribunal shall have and exercise jurisdiction and powers in respect of criminal cases and offences created under this Act.

 

ADVAN POSITION
Globally payment terms are under private contractual terms or as best industry practice – agreed by stakeholders within an Industry as a gentleman’s agreement, not as legislation

As a member of World Federation of Advertisers, ADVAN has researched payment methods globally, and findings from this research show that there are NO LEGISLATON around contract and payments terms for stakeholders within an Industry

It is on these premise as well as other very salient issues (Quite extensive that we are not able capture all here) that we saw no other option but to seek judicial clarification

Signed: ADVAN Executive Council

 

 

 

 

 

 

 

 

 

Continue Reading
Advertisement

Business

Lion Oshiyemi Pledges redefinition, reposition as he emerges 20th President of OGUNCCIMA

Published

on

Lion Oshiyemi Pledges redefinition, reposition as he emerges 20th President of OGUNCCIMA

Lion Niyi Oshiyemi has been invested as the 20th President of the Ogun State Chambers of Commerce, Industry, Mines and Agriculture (OGUNCCIMA) at the Chamber’s 40th Annual General Meeting.

The investiture ceremony of the new OGUNCCIMA leadership was held on Thursday at Tunwase Hall in Ijebu Ode, Ogun State with top Chamber movement members in attendance.

The President In his acceptance speech, expressed gratitude to the immediate past President, Engr. Mike Akingbade, and the Chamber for entrusting him with the esteemed position.

He pledged to leverage available opportunities to redefine and reposition the Chamber, creating platforms to influence legislation and improve the business environment.

“I am honored to lead this prestigious organization and I promise to harness all available opportunities to redefine and reposition the chamber of commerce movement in the state”.

“I will continue to create platforms to influence legislation and other measures affecting trade, improve the business environment, and build a Nigerian economy of thriving business opportunities through networking”.

“I wish to enjoin you all who represent businesses, if you have not joined the OGUNCCIMA, please come and lend your voice to others. The bigger the network, the louder the voice and the stronger the influence”.

“Our advocacy seeks to ensure that the business community can have its voice heard on issues that are important to it”.

“I’d like to introduce to you my Presidency’s flagship project “OGUNCCIMA Secretariat”: The project is massive and requires a lot, I therefore seek your support and look forward to partnering with all stakeholders – the state government and it’s agencies (Federal and State Ministries, Departments and Agencies), development partners, the diplomatic communities, the media, and other stakeholders”, he said.

Oshiyemi also praised the founding fathers of the Chamber, saying, “I laud the vision of our founding fathers, who have laid a solid foundation for us to build upon. I am committed to taking OGUNCCIMA to greater heights and making it a beacon of hope for businesses in Ogun State.”

The Ogun State Hon. Commissioner for Industry, Trade and Investment, Hon. Adebola Sofela Emmanuel, in his keynote address said by the Permanent Secretary, Ministry of Trade and Investment, Dr. Olu Ola Aikulola, said over the years that the Ogun State Chambers of Commerce, Industry, Mines and Agriculture (OGUNCCIMA), has not only remained a beacon of entrepreneurial excellence, but also partners in driving economic growth, fostering trade, and promoting investment opportunities in the state.

He said: “I would like to extend my heartfelt congratulations to OGUNCCIMA on this historical movement. Forty years of dedicated service to the industrial, trade, and agricultural sectors of Ogun State is no small feat”.

“Over the years, the Ogun State Chambers of Commerce, Industry, Mines and Agriculture (OGUNCCIMA) has not only been a beacon of entrepreneurial excellence but also a pivotal partner in driving industrial growth, fostering trade, and promoting investment opportunities”.

“Today, as we elect new officers to continue this legacy of excellence, I urge all members to approach this process with a spirit of unity, fairness, and foresight. The future of our chambers and the economic well-being of our state depend on the collective wisdom and strategic vision of our leaders”.

“For us, as a government, we will continue to put in place Institutional mechanisms that will guide our various developmental programmes in all sector of the economy”, he added.

In his remarks, NACCIMA President, Dele Kelvin Oye, represented by the Director – General, Olusola Obadimu, urged the new leadership of OGUNCCIMA to reflect on the the Chambers achievements and chart the course for the future.

“Today, as we gather for the 40th Annual General Meeting and Investiture of New Executives, I want to charge the new leadership to be dedicated and build on the achievements of the past administrations”.

“On behalf of NACCIMA, I congratulate the new officers and may our shared efforts continue to bear fruit, and may new officers lead us for greater heights of success and prosperity”, he concluded.

Continue Reading

Business

ASR AFRICA FLAGS OFF CONSTRUCTION OF A N280 MILLION INTEGRATED PUBLISHING HOUSE FOR BABCOCK UNIVERSITY, ILISHAN-REMO, OGUN STATE, NIGERIA

Published

on

ASR AFRICA FLAGS OFF CONSTRUCTION OF A N280 MILLION INTEGRATED PUBLISHING HOUSE FOR BABCOCK UNIVERSITY, ILISHAN-REMO, OGUN STATE, NIGERIA

ASR AFRICA FLAGS OFF CONSTRUCTION OF A N280 MILLION INTEGRATED PUBLISHING HOUSE FOR BABCOCK UNIVERSITY, ILISHAN-REMO, OGUN STATE, NIGERIA

 

 

 

 

Sahara Weekly Reports That The Abdul Samad Rabiu Africa Initiative (ASR Africa), the philanthropic initiative of the Chairman of BUA Group, Abdul Samad Rabiu (CFR, CON), has flagged off the construction of a N280 million Abdul Samad Rabiu Integrated Publishing House for Babcock University, Ilishan-Remo, Ogun State. This project will enhance the capacity of the University from basic press status to a modern, integrated publishing house to encompass publishing, print production, and other related diversified services. The one-storey building facility will serve as a laboratory and studio for training students of communications, media studies, and allied disciplines as well as other disciplines.

 

 

 

ASR AFRICA FLAGS OFF CONSTRUCTION OF A N280 MILLION INTEGRATED PUBLISHING HOUSE FOR BABCOCK UNIVERSITY, ILISHAN-REMO, OGUN STATE, NIGERIA

 

 

 

 

At the groundbreaking event, the Vice Chancellor of the University, Prof. Ademola S. Tayo, expressed satisfaction at the nomination by ASR Africa, under its Tertiary Education Grant Scheme. He added that the choice of the project was a response to the vision to take the Mass Communications Department of the University to a whole new level. According to him, the university’s vision is to produce young men and women capable of critical thinking, and problem-solvers capable of proffering innovative solutions to problems of everyday life, be it social, political, and cultural.

 

 

 

 

 

 

 

 

 

 

 

 

In his response, Dr. Ubon Udoh, the Managing Director of ASR Africa, expressed his delight at the University’s choice of establishing an Integrated Publishing House. He added that when information is appropriately applied, human society is empowered to liberate itself from limitations and attain its full potential. Dr Udoh reiterated the commitment of the Chairman of ASR Africa, Abdul Samad Rabiu to supporting quality education within the tertiary education system in Nigeria and urged the institution to focus on the sustainability of this noble project. He also reiterated the importance of cooperation and collaboration between the university and the contractor for the timely delivery of the publishing house.

 

 

 

 

 

 

 

 

 

About ASR Africa

ASR Africa is the brainchild of African Industrialist, Philanthropist, and Chairman of BUA Group, Abdul Samad Rabiu, the Abdul Samad Rabiu Africa Initiative (ASR Africa) was established in 2021 to provide sustainable, impact-based, homegrown solutions to developmental issues affecting Health, Education and Social Development within Africa.

 

Continue Reading

Business

CBOs Laud Minister of Agric Kyari Over Transparent Distribution Of Fertilisers, Foodstuff Across Nigeria

Published

on

CBOs Laud Minister of Agric Kyari Over Transparent Distribution Of Fertilisers, Foodstuff Across Nigeria

CBOs Laud Minister of Agric Kyari Over Transparent Distribution Of Fertilisers, Foodstuff Across Nigeria

 

 

A network of community-based organizations (CBOs) in Nigeria, the Coalition of Ethnic Nationalities’ Rights Agenda, the South East Revival Coalition, and Progressive Yoruba Youth for Change have applauded the Minister of Agriculture and Food Security, Sen. Abubakar Kyari, for his efforts and transparency in the distribution of food, fertilisers and other farming inputs across the country.

 

CBOs Laud Minister of Agric Kyari Over Transparent Distribution Of Fertilisers, Foodstuff Across Nigeria

 

The CBOs gave the commendation at a joint press conference held in Abuja on Thursday. The conference was addressed by Mallam Yusuf Khalifa, National Coordinator of the Coalition of Ethnic Nationalities’ Rights Agenda; Dr. Eberechi Okonkwo, Convener of the South East Revival Coalition; and Comrade Olajide Olumide Adeniyi, Executive Secretary of Progressive Yoruba Youth for Change.

 

 

 

“The Minister of Agriculture and Food Security, Senator Abubakar Kyari has established a reputation for integrity and transparency in the ministry. The transparency in the distribution of food, fertilisers and other farming inputs across the country under Kyari’s stewardship is unprecedented,” the CBOs said.

 

 

 

“Senator Kyari has demonstrated a practical commitment to enhancing food security and nutrition in the country by prioritising equity and fairness in the distribution of food, fertilisers and other farming inputs.

“We salute his sense of nationalism. His fair distribution of farming inputs has laid a strong foundation for a prosperous and sustainable agricultural sector. Kyari’s tireless efforts to revolutionise the agricultural sector as well as to ensure that Nigeria becomes self-sufficient in food production is beyond patriotic.

“His exceptional leadership has made the the issue of marginalization in the distribution of food, fertilisers and other farming inputs, a thing of the past in the country. The effective utilization of resources by the Minister has proven not only instrumental to modernising the agricultural space but also to peace and harmony on farms across the nation.

“We applaud Senator Kyari for championing the emancipation of Nigerian farmers, particularly those in rural communities who previously lacked access to government-distributed food, fertilizers, and other farming supplies. Kyari’s unwavering support for women and youth in agriculture has resulted in increased distribution of food, fertilizers, and other farming inputs to more female and young farmers this year than ever before.

“This network of community-based organisations urges the beneficiaries, especially those in the rural communities, to use the supplies judiciously for the purpose they were distributed for. The government has prioritised the agricultural sector as a key driver of Nigeria’s economic growth, hence, its unwavering support of the sector. Farmers must corroborate the government’s efforts by taking advantage of its policies, programmes and interventions.

“We urge the Minister to sustain his visionary leadership, effective resource utilization, and strategic initiatives which have yielded significant progress in the agricultural sector.

“We remain committed to working alongside the Minister to strengthen the agricultural sector and achieve a prosperous, food-secure, and environmentally sustainable Nigeria.”

Continue Reading

Cover Of The Week

Trending