Guardian

LAST week, I stumbled across a publication entitled ‘In Defence of My Name and APCON’ by Mr. Lolu Akinwunmi, the Chief Executive Officer of Prima Garnet and out-going Chairman of the Advertising Practitioners’ Council of Nigeria (APCON) in major dailies, mostly published on Tuesday 21 May 2013.

Even though the piece was addressed to friends, family members, clients, prospects, business associates, government officials and security agents, I could not, as a passerby and keen watcher of the media and advertising industry, avoid getting interested in the issues.

I understand that one of the better-known telecommunication companies, Airtel Nigeria to be specific, has been embroiled in a dispute with Mr. Akinwunmi’s business interest. Specifically, Airtel Africa allegedly terminated an agreement it had with Prima Garnet’s affiliate, Ogilvy Africa. It is further alleged that Prima Garnet, rather than sue that group company has decided to take it out on the local telecom company perhaps due to his larger than life he wields in the advertising industry. Part of the allegations in the media is that the telecom company took the view that Lolu Akinwunmi, being the MD of Prima Garnet as well as being the Chairman of APCON is using his good office to frustrate any attempt by this telecom company to place any advert in the Nigeria media.

I suppose ‘In Defence of My Name and APCON’ is meant to address the allegations; although the piece left me with more questions afterwards than before regarding the truth and issues even from Akinwunmi’s perspective.

My first question might sound mundane but I need some clarifications here. Mr. Akinwunmi says there are two injunctions and further says in the closing part of his advertorial that the court ‘ordered that all parties maintain status quo’. Is it an injunction, two injunctions or an order of status quo? Is it possible to have two injunctions on the same matter?

The second question flows from the statement ‘the grand plan is to frustrate the last few months of my tenure as APCON Chairman, slime and discredit me…and get the government to remove me from this position…’ Is this about Lolu Akinwunmi’s image, businesses or about APCON? Whose interest is better served in this controversy?

APCON, to me, is definitely not having its interest served. Based on Mr. Akinwunmi’s commentary, APCON has been alleged as partisan or at best doing Mr. Akinwunmi’s bidding. Interestingly, no member of the APCON council has spoken up so that we can tell the real thinking of APCON. Are they reluctant travelers being dragged along in awe of the Chairman?

The second interest involved is that of the telecom company. It is definitely, in the long term, at the receiving end as its voice in the media has been greatly stifled. Currently, it is alleged from media sources that Airtel cannot advertise freely due to these restrictions. Did the court really restrain it from advertising or is this an over-eager extension of court orders? Should APCON be more discerning?

Another factor in all of this is Mr. Akinwunmi’s interest(s). A lot of questions have been raised regarding the relationships in question. First, the relationship between Ogilvy and Prima Garnet (Mr. Akinwunmi’s company), I am led to understand that the clients Ogilvy introduces to Prima Garnet would be free to engage additional agencies or even choose not to work with Prima Garnet.

Specifically, is it true that Ogilvy (the telecom company’s contracting partner) has in its affiliation agreement with Prima Garnet, stipulation as follows: Ogilvy agrees to introduce to Prima Garnet, those Ogilvy Clients that indicate an interest in having local agency representation in Nigeria, although it is understood and agreed that such referred Ogilvy Client may, at their absolute discretion, choose not to engage Prima Garnet and/or to engage another agency within Nigeria

If the above is a correct provision in the affiliation agreement, can Mr. Akinwunmi give the complete story including why it is blocking STB McCann from acting as agency alongside Prima Garnet for Airtel? Did Mr. Akinwunmi make this provision known to APCON or did APCON willfully disregard it?

Still on Mr. Akinwunmi’s interests in the matter, is it true that Ogilvy, the senior affiliate of Prima Garnet, agreed in its contract that: ‘Ogilvy Africa and Prima Garnet (affiliate agencies) who are directly involved in the day to day management of the telecom company’s account, agree and undertake that they shall not directly or indirectly, offer any services same or similar to that being provided under this Agreement during the term of this Agreement to any entity, person or company, engaged or providing same or similar product/services as provided by the telecom company.’

If this is true, is it correct that Mr. Akinwunmi owns substantial interest in 141 Worldwide which provides advert agency services to another major telecom company in Nigeria which continues running its adverts and businesses whilst APCON, headed by Lolu Akinwunmi, clamps down on Airtel adverts??

Is APCON aware of this? Or would Mr. Akinwunmi supplement his advertorial and give a complete story; and perhaps correct the heading of the piece to read, ‘IN DEFENCE OF MY NAME AND BUSINESS’.

Nigerian businessmen are very interesting people. There’s this rather emerging but unfortunate tendency to whip up xenophobic sentiments, whenever their interests clash with those of their foreign associates. While I wouldn’t tolerate any foreign investor trampling upon a Nigerian affiliate, by the same token, I wouldn’t tolerate a Nigerian company scaring away foreign investors.

I believe there are elders in the Advertising industry, who can conveniently wade into this festering crisis and resolve it amicably, because at the end of the day, everybody is a loser if the matter remains unresolved. Both Mr. Lolu Akinwunmi, the Prima Garnet cum APCON boss, and Mr. Segun Ogunsanya, the new CEO of Airtel Nigeria, are young, brilliant Nigerians, whose maturity and leadership are being called to question here.  I call on both of them to get off their high horses and jaw-jaw instead of war-war.

•Jacobs contributed this piece from Lagos.