Multi-billion naira tobacco industry comes under fire

With 20 billion sticks of cigarette valued at N200bn being consumed annually in Nigeria, the tobacco industry is sure a money spinner. However, this may not be for long as anti-tobacco groups mount pressure on President Goodluck Jonathan to sign the National Tobacco Control Bill into law. ADEDEJI ADEMIGBUJI reports. 

The tobacco industry has been described as one of the most profitable in the world. According to a global industry analyst, Euromonitor International, the global cigarette market is valued at $611bn. To market their products, tobacco companies use their enormous wealth and influence both locally, regionally and globally to protect their investment. A stakeholder’s report made available to National Mirror by the British American Tobacco Nigeria (BATN), affirmed that BAT is the world’s second largest quoted tobacco group by market share with brands sold in more the 180 markets, and sales estimated at 708 billion cigarettes globally in 2010. This enormous output according to Euromonitor International is estimated to translate into a gross turnover of 4.84 billion euros for the tobacco giant in 2010. However, the tobacco company’s revenues may come under pressure in Nigeria if President Goodluck Jonathan bows to pressure to sign the National Tobacco Control Bill (NTCB), which has been passed by both the House of Representatives and the Senate. With increasing litigations against cigarette manufacturers, the bill is expected to enforce compliance with the World Health Organisation’s Framework Convention on Tobacco Control (FCTC), which Nigeria is a signatory to.

The bill was drafted by the former Minister of Health, Late Prof. Olikoye Ransome-Kuti.

Senator Olorunimbe Mamora later sponsored and presented the bill to the Senate in 2008. It passed the second reading in February 2009 and a Public Hearing was conducted on it on July 20 and 21, 2009.

According to The Environmental Rights Action/Friends of the Earth Nigeria (ERA/FoEN) shadow report, “After manipulations by BATN to stop the presentation of the bill to the Senate, the Senate Committee on Health eventually sent the bill back to the plenary in January 2011 and it was eventually passed into law on March 15, 2011.

The House of Representatives also passed the Senate version of the bill on May 31, 2011.

Some of the provisions in the bill are consistent with the key provisions of the FCTC and when the bill is eventually signed by the President of the Federal Republic of Nigeria, it would have successfully domesticated the FCTC in Nigeria.”

The bills when signed into law will punish anyone who promotes, advertises or smoke cigarette in public places among others.

Promotion of tobacco in bars will also attract huge punishment, such as imprisonment with an option of fine. Nigeria is part of the over 40 African countries that have signed the FCTC which forms a basis for NTCB.

As a result, antitobacco advocates insist that the country is obligated to adopt and implement effective legislation aimed at reducing tobacco use and tobacco smoke exposure.

The threat to tobacco industry came as a result of the rate at which consumption pattern continues to increase with the attendant health risks associated with smokers even though the revenues continue to sky rocket, and the industry continues to boom.

With the number of smoker declining in developed countries in the past two decades due to increased awareness about the dangers of smoking and stricter tobacco control measures including high-taxes on tobacco products, big tobacco multinationals have since turned their attention to Asia and Africa with high populations and lax tobacco control measures.

According to a document titled Tobacco Industry Profile – Africa Intended Uses of Report, made available to National Mirror “BAT’s regional structure was reorganised in January 2011 to increase efficiency across the company.

The regional restructuring merged the Africa and Middle East region with Eastern Europe markets.

Currently, BAT’s African operations are organised into four different areas.” One of the regional structures, includes Nigeria.

“West Africa area includes Nigeria, Cote d’Ivoire, Guinea, Cameroon, Senegal, Mali, Burkina Faso, Ghana, Mauritania and Sierra Leone.

Nigeria is the major operational centre for the area with two factories in Ibadan and Zaria and area offices in Lagos,” stated the report adding that, “in 2011, the region accounted for seven per cent of global cigarette sales by volume.

The number of cigarettes sold in …Africa has increased by six per cent over the past five years, from 384 billion cigarettes in 2007 to 408 billion sticks in 2011.”

The report stated further that, “in Sub- Saharan Africa, overall cigarette volume has remained level and only increased by 0.3 per cent in the last five years.

However, at least 26 countries in the region experienced a five per cent or more increase in cigarette volume over the last five years.

The top cigarette consuming countries are South Africa, Nigeria, and Kenya, consuming 47 per cent of the region’s cigarette retail volume in 2011.”

In order to meet regional demand, BATN invested $70m in the Ibadan factory in addition to the earlier $150m investment which was as stated in the Park Lane MoU to generate Foreign Direct Investment (FDI) into the country, generating thousands of direct and indirect employment in addition to paying taxes to the Nigerian government.

The actual growth of tobacco industry was 5.4 per cent between 2007 and 2011 while it is expected to rise to 6.2 per cent between 2011 and 2016.

National Mirror gathered that Nigeria produced 15.4 billion cigarettes in 2010 and imported 5.3 billion. An estimated 0.1 billion was exported while 20.3 billion was consumed locally.

The Executive Director of ERA, Mr. Akinbode Oluwafemi calculated while speaking with National Mirror that with the 20.3 billion pieces of cigarette consumed at an average price of N10 per stick, the total industry revenue stood at N200bn in 2010.

Beyond Nigeria, market analysts anticipate that a shift in demographics will continue to contribute to the overall smoking population increase in Africa.

By 2016, Euromonitor International predicts that there will be 91 million more adults in the region and that cigarette sales will grow by 11 per cent over the next five years.

Meanwhile, multinational companies like BAT, Philip Morris International (PMI), Japan Tobacco International (JTI) and Imperial Tobacco Group (Imperial Tobacco) are increasing their dominance within Africa.

These four multinational companies increased their market share in the Middle East and Africa region by over 100 per cent in the last 10 years -- from 31 per cent in 2002 to 64 per cent in 2011. In 2006, African countries consumed an estimated 250 billion cigarettes, accounting for approximately four per cent of the total cigarettes consumed globally that year.

It was also revealed that Africa has a number of regional free trade blocs aimed at increasing economic development between members According to reports, the top cigarette consuming countries are South Africa, Nigeria, and Kenya, consuming 47 per cent of the region’s cigarette retail volume in 2011.

But if the bill is finally signed into law, the tobacco firms, especially BATN, which is a major investor in the industry, is expected to lose its huge revenue and investment but this is not a certainty.

Apart from BATN who dominates the market, JTI, (JTA) investment will also be threatened. JTI is the fourth largest tobacco company in the world and controls 10 percent of the global cigarette market.

It is the fifth largest in Africa and the Middle East in terms of retail sales volume. JTI sells cigarettes in 20 different African countries including Nigeria, South Africa, Tanzania, Algeria and Morocco and is actively expanding its presence in Africa through acquisitions. BATN has devised many strategies to foster a working relationship with host communities’ ad stakeholders through partnership and lobby.

The firm invested heavily on Corporate Sustainability Projects through the BATN Foundation.

Established 10 years ago, the Managing Director of BATN, Mrs. Beverley Spencer-Obatoyinbo, said in a statement to National Mirror, “The BATNF supports agricultural development and the reduction of poverty in Nigeria by providing sustainable means for communities to be self-reliant.”

But Akinbode believed otherwise. He said the Corporate Social Responsibility spree by the tobacco firm was a mere cajole and trick to kill more Nigerians with tobacco products.

As President Jonathan continues to delay the signing of the bill into law, the founder of ERA/FoEN, Mr. Nnimmo Bassey said, “After the overwhelming support the bill received in the Senate and House of Representatives, it is sad that till date, it has not been signed by the president.

The intervention of the health minister is a singular action that generations of Nigerians will not forget.

Giving Nigerians this gift as we mark the 2012 World No Tobacco Day will be remarkable,” But an industry source told National Mirror that the delay in signing the bill into law is not unconnected with the effects such move would have on the nation’s GDP.

With the huge revenue the tobacco industry is contributing to the national product output, the source maintained that the president’s is taking his time to consider so many factors before he would sign the bill such that the articulation of FDI policy would not be undermined.

National Mirror further gathered from a BATN source that if eventually the bill is signed, the tobacco giant would look for other options to boost its sales in a way that will not violate the provisions of the bill.

But he added that the firm is committed to ensuring the development of the communities where it operates.

BATN said it embarks on continual sustainable agricultural development that entrenches modern farming techniques among farmers.

SOURCE

Battling tobacco trading

• ERA/FoEN wants tobacco bill signed

THE National Tobacco Control Bill, passed by the Senate on March 15, 2011, and concurred by the Lower House on May 31, 2011 (World No Tobacco Day), which in July, 2009, had its   public hearing conducted by the senate and attracted more than 40 civil society groups, including groups from the tobacco industry who were against the bill; still awaits the assent of the president. However, the bill takes a forefront in improving the health of the general public. The bill which repeals the Tobacco (Control) Act 1990 CAP. T16 Laws of the Federation is aimed at domesticating the Framework Convention on Tobacco Control (FCTC). The keys highlights of the bill are prohibition of smoking in public places; to include restaurant and bar, public transportation, schools, hospitals etc. A ban on all forms of direct and indirect advertising, prohibition of sales of cigarette 1000-meter radius of areas designated as non-smoking, mass awareness about the danger of smoking as well as the formation of committee that will guide government on the issue of tobacco control in the country.

It prohibits all forms of tobacco advertisement, sponsorships and promotions, endorsements or testimonials, sales promotions. Prohibition of the sale of tobacco products 1,000 meter radius places designated as non smoking and empowers government to use litigation to recoup liabilities related to tobacco consumption. 

Spreading Tobacco scourge

Even as tobacco death toll soars beyond 6 million, big tobacco industries have stepped up its efforts to prevent tobacco control laws from taking effect. Highly visible examples include lawsuits by Phillip Morris International and its competitors against countries like Austrialia, Norway and Uruguay for implementing strong tobacco control laws.

“Big Tobacco is very publicly bullying countries in hopes they will cave, their neighbours will cave, and treaty implementation will cave,” said Kelle Louaillier, Executive Director of Corporate Accountability International.

World Health Assembly resolution on transparency in tobacco control process, citing the findings of the Committee of Experts on Tobacco Industry Documents, states that “the tobacco industry has operated for years with the express intention of subverting the role of governments and WHO in implementing public health policies to combat the tobacco epidemic.”

For example, in an attempt to halt the adoption of pictorial health warnings on packages of tobacco, the industry recently adopted the novel tactic of suing countries under bilateral investment treaties, claiming that the warnings impinge the companies' attempts to use their legally-registered brands.

Meanwhile, the industry's attempts to undermine the treaty continue on other fronts, particularly with regard to countries' attempts to ban smoking in enclosed public places and to ban tobacco advertising, promotion and sponsorship.  Tobacco advertising and promotions are everywhere. 

Despite the ban on smoking in public places, there are still promotions of cigarette smoking in clubs, parties, rural areas and sharing of gifts.  

For instance, the British American Tobacco of Nigeria Foundation (BATNF) aimed at  improving the quality of life of citizens in rural and urban areas of Nigeria through sustainable poverty alleviation, agricultural development,  potable water, environmental protection and vocational skills acquisition  are ways to get into the heart of the masses which will inturn promote cigarette smoking. 

BAT is also involved with sport sponsoring, especially football which is popular in Nigeria. FIFA's decision to prohibit tobacco ads in sports grounds and on the players shirts was only for the World cup. 

However, an odd thing is the simultaneous presence of advertising for Marlboro while nobody holds a distributing license for Marlboro in Nigeria.   

The Environment Rights Action/Friends of the Earth Nigeria (ERA/FoEN) states that Tobacco industry interference is to weaken law to ensure they never get enacted and to undermine those laws.

“Even though the law didn't specify the public places but they have been moving around to kiosks, hotels, advertise with sharing umbrellas, commissioning of borehole. Tobacco company should be held responsible for both the environmental, economic, health and social cost,” said Mr. Akinbode Oluwafemi, Director, Corporate Accountability and Administration.

He referred to the Tobacco companies humanitarian gestures as being against the health of the ublic. “These gestures are not strictly humanitarian gestures; most companies act for the benefit of mankind but Tobacco Company is acting against the benefit of mankind.”

He also revealed that, “Tobacco companies don't pay taxes, they actually rake the taxes from smokers. So, when they pay N1billion tax,  it means that they have sold close toN100 billion cigarettes.”

Director, People against Drug Dependence and Ignorance, Mr.Eze Eluchie adds “One of BAT's most recent and successful promotion is named Experience Hollywood: they organize film showings and with your ticket you are given a pack of cigarettes. I tried to attend one  such event with a camera but they refused to let me in with the camera.” 

Health threats

Tobacco use most commonly leads to diseases affecting the heart, with smoking being a major risk factor for heart attacks, Chronic Obstructive Pulmonary Disease (COPD), emphysema, and cancer, particularly lung cancer, cancers of the larynx and mouth, and pancreatic cancer. Overall life expectancy is also reduced in regular smokers, with estimates ranging from 10_17.9 years fewer than nonsmokers.

Eluchi said 13,700 people die as a result of cigarette having 35% aid of cancer and approximately 5 million people die of cigarette everyday.

Statistics

The global tobacco epidemic kills nearly 6 million people each year, of which more than 600,000 are people exposed to second-hand smoke and may kill up to 8 million people by 2030 if nothing drastic is done, of which more than 80per cent live in low- and middle-income countries.

Among male smokers, the lifetime risk of developing lung cancer is 17.2per cent; among female smokers, the risk is 11.6per cent. This risk is significantly lower in nonsmokers: 1.3per cent in men and 1.4per cent in women. 

Recommendations

The WHO/FCTC on tobacco control is to raise awareness about the addictives and harmful nature of tobacco products and industry interference with Parties' tobacco policies. Establish measures to limit interactions with the tobacco products and transparency of those interactions that occur and require information provided by the tobacco industry be transparent and accurate.

Oluwafemi urged prioritizing the health of the people above the commercial investment interests of the tobacco industry. “We want the presidency to hearken to the call from the global and local communities. He has the window of signing because the constitution is clear. The world is watching. We've not confirmed from the president if he has received the bill and no information yet if he is not going to sign for public health, nothing is too much.”

SOURCE

‘How tobacco firms are hurting our health system’

Ahead of this year’s World No Tobacco Day which is marked every May 31, Akinbode Oluwafemi, director of Administration and Corporate Accountability at the Environmental Rights Action/ Friends of the Earth Nigeria (ERA/FoEN), sheds lights on the strong lobby of tobacco companies and the need to have the National Tobacco Control Bill signed into law in this encounter with Joe Agbro Jr.

A meeting with Mr. Akinbode Oluwafemi of the Environmental Rights Action/ Friends of the Earth Nigeria (ERA/FoEN) is filled with excitement. He talks with so much conviction and knowledge about the dangers of smoking that you are held captive and cannot help but listen and reason along with him.

Asked why he is so concerned about the battle against tobacco in the country, he says it is because tobacco kills about half of its consumers. But regrettably, policies in the country do not address this development. According to him, “when you look at smoking in Nigeria, you’ll think smoking is not a big problem. But, I’ must tell you that it’s a very big problem. And this problem has a link with how the tobacco industry is being regulated in the west. You know, most western governments have put in very stringent measures to regulate the practice of tobacco industry and to ensure that smoking rate is decreasing. And because of those measures and litigation, tobacco companies started looking elsewhere. The developing countries, of which Nigeria belongs, becomes a very prime target.”

Growing epidemic 

He is afraid that this smoking epidemic is very real here. According to a survey conducted in Adamawa, as much as 29percent of the youths in that are smokers, while a survey in 11 Lagos hospitals showed that “at least one person dies a day in each of those hospitals as a result of smoking.”

In the absence of a national statistics on smoking, a 2011 survey by the World Health Organisation (WHO)  shows that there is actually rising smoking among Nigerian girls rising up to the level of 3% a year. “That is alarming and extremely disturbing,” Oluwafemi says.

In the overall picture of insufficient healthcare infrastructure, diseases such as “heart disease, cancers of different types, impotence, heart condition, low birth rate, and loss of man hours at work places” are of serious challenge to the health care sector. 

According to WHO, tobacco currently kills over 5.4 million people yearly, with about 70percent of casualty occurring in developing countries like Nigeria, adding that every stick of cigarette contains over 4, 000 dangerous chemicals with over 40 of them being carcinogenic. 

To combat this disturbing outcome, Senator Olorunnibe Mamora sponsored the National Tobacco Bill which was eventually passed by the National Assembly on May 31st, 2011, a year ago. This Bill, Oluwafemi says, was “happily supported by Environmental Rights Action (ERA), it seeks to domesticate the Framework Convention of Tobacco Control, a global treaty, about the minimum standards that countries must adhere to in terms of legislating about tobacco.

“Nigeria is a signatory as well as a party. And since we are a party to that treaty, we are under obligation to implement the provision of that international treaty. The Bill seeks to end advertisement, sponsorship, and promotion, it prohibits the sale of cigarettes to minors, it recommended pictorial warnings on cigarette packs, and it bans smoking in public places. More importantly, that Bill seeks to create a committee, National Tobacco Control Committee which will serve as an advisory role in terms of reviewing the policy. That essentially is what that Bill is all about. I have heard people say that the Bill wants to close tobacco companies in Nigeria. I don’t know whether they have a separate Bill. This Bill has been passed and we are waiting for the presidential assent so that the Bill can become enforceable in Nigeria. We are worried that the presidential assent is taking too long. And we are very suspicious that some people somewhere may want to compromise public health and we’re calling on the president to see this Bill as an obligation to protect the health of the Nigerian people.”

He faulted the idea of mixing sponsorship with corporate social responsibility (CSR), Oluwafemi said, “Tobacco companies are inflicting monumental health impact on our nation. How do you mitigate that by buying computers or drilling boreholes? Can computers and boreholes make up for the lives of our brothers and sisters dying as a result of smoking? No. So, what we are saying is that let government impose appropriate taxes on those products.  Why is it that a pack of cigarettes is about six pounds (N1, 500) in London, seven dollars (N1, 300) in the US, and the same pack is selling for N200 in Nigeria? Other governments have moved ahead to impose appropriate taxes on tobacco products. Then, you can use those taxes to build the schools and to buy the computers. And this time around, even the way they have conducted themselves with the CSR, it is only another form of advertisement. They only practically move their advert budget into CSR so that they can always call government people to sit on the table and they can win public sympathy.”

He blames the non-passage of the National Tobacco Control Bill on the interference of the tobacco companies. “In fact, we have it on authority that they have started calling reporters not to run stories on World No Tobacco Day and stories around the Bill. They know that if this Bill is signed they would not be able to do those things that bring in more consumers the way they’ve always been doing. So, when this  is dragging for too long, our suspicion would certainly be that the tobacco industry has been moving underground as they’ve always been doing, not only  in Nigeria, but all around the world to undermine public health and to ensure that legislation that are for public health are never enacted.”  He punched holes in the industry’s argument that it has a large work force in the country, saying, “the tobacco companies are not employing up to 1, 000 people. That is the reality,” he said. 

He believes that the true nature of the industry is hidden from most Nigerians because “their business thrives on deception. They make people to think that when you smoke, it’s good. And they will never tell you the health implications. So, those deceptions were the basis of their objections which were completely irrelevant because whatever section that you have in this Bill are provisions that are just the basic in NTC Bill. Take for instance, in our Bill, we are seeking 50percent pictures on cigarette packs. A country as close as Mauritius is already enforcing 70percent. Ghana is already thinking of about 60 percent. In fact, some countries like Australia has even gone beyond the pictures and talk about plain packaging. They know it that they cannot debate this because the international community have moved way beyond what is even in this Bill as at today.”

He appealed to the president to sign the bill and save Nigerian youths from the looming tobacco epidemic.


SOURCE

ERA raises alarm over smoking parties in Lagos

Tobacco firms impede implementation of FCTC, says ERA

ERA/FoEN Calls For Adedibu’s Recall

By Valentine Amanze

Senator Kamarudeen Adedibu, who represents Oyo South Federal Constituency in the National Assembly, may have stepped on the tail of a tiger, as Environmental Rights Action/Friends of the Earth Nigeria (ERA/FoEN) has called for his resignation as a senator follwing his statement supporting cigarette smoking at Iseyin, Oyo State.
Programme Manager, ERA/FoEN, Mr. Akinbode Oluwafemi, who spoke in Lagos, alleged that Adedibu made misleading statements on the National Tobacco Control Bill (NTCB) being sponsored by Senator Olurunnibe Mamoora and which is currently before the Senate Committee on Health.
He alleged that Adedibu made insinuations that the bill, which had passed the public hearing stage was dead, as it would cause Nigeria over 600,000 jobs tied with tobacco industry.
Akinbode however said the bill was not dead and it would not cause serious job loss, stressing that tobacco industry employs less than 1,000 Nigerians. His words: “Contrary to the lies and deception of the statement credited to the senator, the National Tobacco Control Bill is not dead. The bill scaled through the second reading in the Senate in February 2009 and at that reading all the senators present and who spoke at the plenary expressed strong support for the bill.
“Indeed, the Senate President, David Mark, while referring the bill to the Committee on Health, enjoined the members to expedite action on it because of the intense lobbying power of the tobacco industry, which would seek to derail the enactment of laws that would protect the lives of Nigerians and also curtail the industry’s criminal activities.”
The ERA/FoEN chief, while calling for the recall of the lawmaker, said he (Adedibu) lied against Nigerians and his constituency by failing in his mandate to protect the health of those who voted him into power.
According to him, “By failing to abide by the Constitution of the Federal Republic of Nigeria under Chapter 11, the Fundamental Objectives and Derivative Principles of State Policy to protect all vulnerable groups (children and women) from the effects of second hand smoking and industry manipulations, the society and the environment, also by failing to abide by the African Chapter on Human and People’s Right, which provides a healthy environment and state of well being for all people, ERA/FoEN hereby call on Adedibu to resign his position as the senator representing Oyo South Constituency.”

SOURCE

ERA tackles lawmaker over tobacco bill

By Gbenga Adeniji

A non-governmental organisation, Environmental Rights Action/ Friends of the Earth, has described as misleading a comment credited to Senator Kamarudeen Adedibu that the passage of the National Tobacco Control bill would jeopardise over 600,000 jobs attached to the tobacco industry.
Reacting in a statement issued by its Media officer, Mr. Seun Akioye, the group’s Programme Manager, Mr. Akinbode Oluwafemi, said the senator had by the comment aligned himself with the tobacco industry, to the detriment of public health.
According to the statement, “He said the bill, if passed, would result in the loss of about 600,000 jobs. This suggestion is as laughable as it is ridiculous. For the records, let me state that nowhere is the tobacco industry employing people near the figure being branded by the senator.
“On its website and at the public hearing, the British American Tobacco Nigeria has acknowledged that it employs less than 1000 people in direct employment; and indirectly, including the kiosk operators, PR agents, distributors, youth organisers, youth marketers etc about 3,000 people. Where did the senator get his figures from?”
He further stated that Adedibu, representing Oyo South, also claimed that the bill was dead, stressing that the declaration was untrue for the proposed piece of legislation had passed second reading.
He said, ‘‘Contrary to the statements credited to the senator, the National Tobacco Control bill is not dead. The bill scaled through second reading in the Senate in February 2009; and at that reading, all the senators who spoke expressed strong support for the bill.”

SOURCE

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.

SOURCE

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.

SOURCE

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.

SOURCE

State government takes tobacco companies to court

-Odunayo Abiodun

A joint suit filed by the Lagos State Government and the Environmental Rights Action/ Friends of the Earth Nigeria (ERA/FOEN) against five tobacco companies was brought before a Lagos High Court on Monday.
The claimants jointly 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.
At the resumed hearing of the suit before Bukola Adebiyi, the counsel to the claimants, O. Akinosun moved his application asking for extension of time to file his reply to the request for stay of proceeding in the matter by the defendants.
The defendants did not oppose the application; but they noted that the reason given for the delay was not contained in the affidavit attached to the application.
Mr. Adebiyi, however granted that application and she further adjourned the hearing in the matter until February 9, 2010.

Allegations
The claimants had alleged that, in spite of the obvious knowledge of the adverse effect of their product, the defendants have fraudulently targeted young and underage people in their advertising and marketing.
They claimed that, through the use of market surveys and sophisticated advertising, the tobacco companies have utilised such means as music, cinema and fashion, to attract young and underage 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 warning.
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 wants 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 eighteen, 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 eighteen (18) years old 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 eighteen (18) years old.
They also want a declaration of the court that the tobacco related products as manufactured, marketed, promoted, distributed and sold by the defendants 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 the public health.

SOURCE

Nigerians smoke 93 million sticks of cigarettes yearly

-Yekeen Nurudeen

The World Health Organisation (WHO) also said that eight million people die yearly of tobacco-related diseases worldwide.

While receiving an award as the WHO Man of the Year 2009 on tobacco control, Modibbo said he was surprised when the British American Tobacco (BAT) Company told him that it produces 93 million cigarettes, which Nigerians consume yearly.

“I was so happy when I visited BAT on invitation in Ibadan and they said they produce 93 million sticks of cigarettes yearly. But when I asked them which country they export them to, they said it is consumed in Nigeria,” the former minister stated.

Presenting the award on behalf of the World Health Organisation (WHO), Dr. Olaokun Soyinka, the son of Prof. Wole Soyinka, said globally about eight million poeple die of tobacco-related diseases.

Soyinka noted that the reason the company was allowed to establish in the country had been defeated, as the organisation had not been able to employ up to 900 people so far, adding that farmers were finding it difficult to pay for the machines provided to them by the tobacco firm.He lamented that the tobacco company was driven away from its home country only to relocate to tNigeria to kill its youths.

According to him, WHO takes the issue of tobacco seriously as the organisation is doing all it can to reduce the supply and demand of the product. He, however, lamented that the company is lobbying the National Assembly to kill the bill banning smoking in the country.

SOURCE