Court adjourns $21.6b tobacco suit

By Joseph Onyekwere

THE recent mass transfer of judges at the Lagos State judiciary has already taken its toll on court cases.
Yesterday, a Lagos High Court, presided over by Justice Bukola Adebiyi, adjourned a $21.6 billion (N3.2 trillion) suit filed by the state government and a civil society group- the Environmental Right Action (ERA), against the British American Tobacco and others, till April 19, in readiness to obeying the transfer order. The matter would now be heard in Ikeja division, where it has been transferred to.
The court was to hear the second to fourth defendants' motion for stay of proceedings in the matter, which was stalled at the last hearing due to the absence of the counsel to second defendants- the International Tobacco Limited, Mr. Chijioke Okoli.
The claimants alleged that the tobacco companies have constituted themselves into a nuisance and a danger to the lives of the people and residents of Lagos. They are, consequently, seeking extensive reliefs that intend to regulate tobacco smoking, especially among youths and under-aged smokers.
The claimants specifically, sought special, general, punitive and anticipatory damages in the sum of $21.6 billion from the defendants.
This is in addition to an order of mandatory injunction compelling them, their successors-in-titles, privies and or agents to cease from marketing, promotion, distribution and sale of tobacco-related products to minors or under aged persons.
They also sought an order of mandatory injunction restraining the defendants from representing or portraying to minors or persons under the age of 18, any alluring and/or misleading image regarding tobacco related products whether by direct depictions, pictorial, advertorials, images, words, messages, sponsorships, branding and/or through overt or covert and/or subliminal means.
The court was also asked to compel them to publicly disclose, disseminate, and publish all research previously conducted directly or indirectly by themselves and their respective agents that relates to the issue of smoking and health. The claimants argued that tobacco smoking has severe health implications including but not limited to cancer, cardiovascular and pulmonary complications, stressing that the defendants have recently admitted these facts.
"But despite the obvious knowledge of the adverse effects of their product, the defendants have surreptitiously and fraudulently targeted young and under-aged persons in their advertising and marketing," the claimants alleged.
They held that the mandatory health warnings inscribed on the pack are ineffective, as the defendants promote a retail strategy of sale by the stick, whereas the individual sticks that most consumers purchase have no such warning.
"The overall effect of the defendants' course of conduct is that the state government is called upon to expend its resources in treating tobacco related ailments caused by the use of defendants' products," the claimants added.

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Judge’s transfer stalls $21bn tobacco suit

By Tony Amokeodo

THE recent transfer of judges of Lagos High Court, on Monday, stalled further hearing in a $21bn suit by Lagos State Government and a civil society group, the Environmental Rights Action, against British American Tobacco and five other tobacco firms.
When the matter came up before Justice Bukola Adebiyi, she informed lawyers to the parties that she had been transferred from Lagos to Ikeja Division of the court.
She also told the lawyers that further applications on the case should wait till April 19.
The claimants had alleged that the tobacco firms had constituted themselves into a nuisance and a danger to the lives of the people and residents of Lagos.
The claimants are seeking extensive reliefs that intend to regulate tobacco smoking, especially as it affects youths and under-age smokers.
They also sought special, general, punitive and anticipatory damages in the sum of $21,617,605, 885.17 from the defendants.
They are further asking for an order of mandatory injunction compelling the tobacco firms and their agents to cease the marketing, promotion, distribution and sale of tobacco-related products to minors or under-age persons.
They also sought an order of mandatory injunction restraining the defendants from representing or portraying to minors or persons under the age of 18, any alluring and misleading image regarding tobacco-related products whether by direct depictions, pictorials, advertorials, images, words, messages, sponsorships, branding or through overt or covert and/or subliminal means.
The court was also asked to compel the tobacco firms to publicly disclose, disseminate, and publish all research previously conducted directly or indirectly by themselves and their respective agents that relates to the issue of smoking and health.
The claimants argued that tobacco smoking had severe health implications, including but not limited to cancer, cardiovascular and pulmonary complications, stressing that the defendants had recently admitted these facts.
But the defendants had in their statement of defence claimed that the court lacked jurisdiction to hear the suit.
They also insisted that the suit was an abuse of court process and should be dismissed.

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Judges redeployment stalls tobacco suit

By Odunayo Abiodun

The joint suit instituted by the Lagos State government and the Environmental Rights Action/ Friends of the Earth Nigeria (ERA/FOEN) against five tobacco companies before a Lagos High Court sitting in Igbosere, could not continue on Monday because of the redeployment process going on in the Lagos judiciary.
At the resumed hearing of the suit, the presiding judge, Raliat Adebiyi, noted that she would not be able to continue with the hearing of the applications brought by the counsel, since she has been transferred to the Ikeja division of the Lagos High court, and is trying to collate the files before her. The hearing of the applications was, therefore, adjourned to April 19, 2010, in Ikeja, where she will continue to preside over the suit amongst other suits.
Justice Adebiyi has been deployed from the commercial division of the Lagos High court sitting in Igbosere to the Land section of the court sitting in Ikeja.
The claimants had instituted the action against the tobacco companies - British American Tobacco (Nigeria) Limited, International Tobacco Limited, British American Tobacco Plc and British American Tobacco Investment Limited - on the ground that tobacco smoking has severe health implications, including but not limited to cancer, cardiovascular and pulmonary complications, noting that the defendants have recently admitted these facts.
Allegations
They had alleged that, in spite of the obvious knowledge of the adverse effect of their product, the defendants have fraudulently targeted the young and the under-aged in their advertisement and marketing.
That, through the use of market surveys and sophisticated advertising, the defendants have utilised such means as music, cinema and fashion, to attract young and under-aged persons to smoking.
They submitted further that the mandatory health warnings inscribed on their packs are ineffective, as the defendants promote a retail strategy of sale by the stick, whereas the individual sticks that most consumers purchase have no such warnings.
The claimants’ causes of action are based on negligence, public nuisance, restitution, strict liability, and conspiracy to commit actionable wrongs, among others.
It was contended that the overall effect of the defendants’ course of conduct is that the state government is called upon to expend its resources in treating tobacco related ailments caused by the use of defendants’ products, maintaining that the state government spends at least N316, 000 per month on each of these ailments.
Claims
Consequently, the claimants want an order of mandatory injunction compelling the defendants, their successors-in-title, privies and/or agents to cease the marketing, promotion, distribution and sale of tobacco-related products to minors or under-aged persons.
An order of mandatory injunction restraining the defendants from representing or portraying to minors or persons under the age of 18, any alluring and/or misleading image regarding tobacco related products, whether by direct depictions, pictorials, advertorials, images, words, messages, sponsorships, branding and/or through overt or covert and/or subliminal means.
Furthermore, the claimants asked for an order of mandatory injunction restraining the defendants from marketing, distributing, selling, or putting into the stream of commerce, either by themselves or through their distributors, agents, resellers, trade partners, marketers, and or any other person, any tobacco related products of whatever make or brand within a one thousand (1000) metre radius of any schools, hospitals, cinemas, playhouses or locations, children’s shopping areas, childcare facilities or such other public places in Lagos State, which are predominantly a location for minors and young persons under 18 years to “hang out”, play, assemble, congregate for any purpose whatsoever, including but not limited to educational, recreational, social, religious, sports or any other purposes.
In addition, they urged the court to grant an order of mandatory injunction compelling the tobacco companies to fund a tobacco control programme to be administered and controlled by an independent third party, who is to be appointed by the Lagos State government, targeted at minors and young persons under 18 years.
They also want a declaration of the court that the tobacco related products are addictive, and a declaration of the court that the tobacco related products as manufactured, marketed, promoted, distributed and sold by the defendants, are hazardous and injurious to public health.
The claimants also sought special, general, punitive and anticipatory damages in the sum of $21,617,605, 885.17 from the defendants.

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Smoking: 6.5 million Nigerians risk death in 2010

BEN UKEJI, Abuja

No fewer than 6.5 million Nigerian smokers may die this year from tobacco-related sickness.An international expert, Akinbode Oluwafemi, who said this also said about 65 million Nigerians smoke cigarette.
Oluwafemi said that inability of government to tax tobacco producing companies heavily was responsible for the cheap prices of cigarette making it easily available to low income earners. According to him, increased taxation will lead to increase price of the product thereby, discouraging the youths who were the most vulnerable group from smoking cigarette.

He said a pack of cigarette that sells for N200 in Nigeria goes for about $5 in the United States of America (USA) due to the heavy taxation placed on the manufacturing companies saying “smoking is a sure gateway to drug addiction.”

While describing smoking as a major risk factor for different cancer cases, Akinbode said it is also linked to about fifteen various cases of cancer in human body saying “apart from the high cost of treatment, infrastructural challenges, smoking related cancers accounts for 30 per cent of cancer related deaths.”

The expert who is the Programme Manager, Environmental Rights Action/Friends of the Earth Nigeria said that cigarette contains about 4000 toxic and cancer causing chemicals and is responsible for more than 85 per cent cases of lung cancer.

He said that smoking causes cancer of the mouth, pharynx, larynx, oesophagus, stomach, pancreas, uterine, cervix, kidney, ureter, bladder and the colon.

While urging the National Assembly to hasten the process of passage of bill on the ban on tobacco smoking in the country, Oluwafemi urged Nigerians to support the passage of the National Tobacco Control Bill.

The Secretary for Social Development of the FCDA, Habiba Kalgo while declaring the workshop open said the decision to ban smoking in public places in FCT was necessitated by the increase in the number of deaths arising from cancer cases in the FCT.

She, however, urged FCT residents to support the ban since they were the secondhand smokers were also affected by the fumes of the product.

CREDITS:-

Story - CHAMPION

Picture - Vector picture after Vincent van Gogh’s “Skull of a Skeleton with Burning Cigarette”, 1885 (Van Gogh Museum in Amsterdam)