The tobacco control bill

As the elections inch closer, the Senate last week passed a bill that will eventually give Nigeria one of the strongest anti-tobacco laws on the continent. Sponsored by Olorunimbe Mamora, a senator (Lagos East) on the platform of the Action Congress of Nigeria, the bill is called the Nigerian Tobacco Control Bill.

It’s essential components include: raising a National Tobacco Control Committee to shape the future of tobacco control policies and guide implementation; A comprehensive ban on smoking in public places, and the sale of cigarettes by or to minors; and detailed specifications on points of sale notice. That is not all, however. The bill has finally given legal backing to a directive by the Advertising Practitioners Council of Nigeria (APCON) which a few years ago banned all sorts of advertisement, sponsorship, promotion, testimonials and brand stretching of tobacco products across the country.

The bill is also to ensure that health messages cover 50 per cent of the areas where tobacco products are to be displayed, while the minister of health is empowered to prescribe pictures or pictogram and ensure that the law is effectively implemented. As it is now, the bill has only been passed by the Senate. It is to be sent to the House of Representatives which will hopefully pass it before it goes to Goodluck Jonathan for his assent. We at NEXT do not expect the House to have any fundamental disagreement with the version that has been passed by the Senate.

The upper house had, in the two years the bill was with it, ensured that all the stakeholders – civil society groups, tobacco manufacturers, health experts and the general public – had their say at the public hearings that preceded the debates and the passing of the bill. Mainly, the Nigeria Tobacco Control bill domesticates the World Health Organisation (WHO) initiated Framework Convention on Tobacco Control (FCTC). The treaty is the first global health treaty which is mandatory on all WHO members. Nigeria has signed and ratified the treaty.

We commend this step by the Senate and plead with the House not to water down this laudable bill. Passing it into law could help this set of lawmakers become one of the most proactive to have passed through the hallowed chambers. It is a great contribution to public health. We make this appeal because we know that tobacco products have for several years wreaked havoc on our people. This is our opportunity to curb this terrible scourge.

A few years ago, some states like Lagos, Gombe, Kano and Oyo sued some tobacco companies, asking them to pay billions of naira for the damages their products had caused their citizens. For instance, Lagos sued for ₦2.7 trillion claiming that research carried out by its staff in hospitals across the state show that at least two people die daily owing to tobacco-related diseases; and that the state had recorded about 20 per cent increase in the smoking rate over the past two decades with reported cases of 9,527 tobacco-related diseases in government-run hospitals monthly, in one of Nigeria’s most populous states.

This is a high figure and a high price to pay for a disease with a cause that is known and preventable. And that is only for a state that has cared to carry out research on what it costs it to treat tobacco-related diseases.

We salute the doggedness of Mr. Mamora, the civil group Environmental Rights Action (ERA), the United States based Campaign for Tobacco Free Kids (CTFK), the media and other groups that fought for the enactment of this bill. However, the fight will not simply be over because the House and the President assented to it. Implementation of the clauses of the bill must be monitored and adhered to. Only then would it help our public health and protect us from the fatal tobacco-related diseases.

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Nigeria Considers Tough Tobacco Control Legislation

-Gilbert da Costa

The Nigerian parliament is currently debating sweeping new tobacco control legislation in a bid to break the growing tobacco addiction in the country. The bill has strong backing from anti-tobacco groups and health organizations.

"Change starts from now. I dare to be different. I will remain smoke-free. I am the future, and the future starts now, So help me God. I am smoke free!!!," recite students at Shepherd Secondary School in Ketu in Lagos.

Students of the Shepherd Secondary School in Ketu, a poor neighborhood in Nigeria's sprawling city of Lagos, recite a "no-smoking pledge" at the end of a two-hour anti-tobacco lecture. The program is part of a grassroots initiative by anti-tobacco campaigners to counter growing cigarette smoking, particularly among teens in Nigeria.

About 25 percent of Nigerian teens, some as young as 10, are hooked on tobacco, double the smoking rate among men.

Salau Moshood, a 17-year-old student, told VOA what he learned."

I heard that smoking is not good for people at the age of 10 years and upwards," said Salau Moshood. "It makes them to die young, and makes them not to reach the place they supposed to reach. My advice for people that smoke is that they have to stop it because, if they don't stop it, they will have something that will affect them in their future."

Individual cigarettes sells for as little as seven cents each, and analysts fear that tobacco use in Nigeria, Africa's most populous nation of 140 million people, could continue to rise.

The Nigerian parliament has responded with a tobacco control bill that would impose smoking bans, increase taxes and impose advertising restrictions. If passed, this could be the biggest tobacco crackdown in the history of Nigeria.

The sponsor of the bill, Senator Olorunnimbe Mamora, told VOA that the assembly has a duty to protect the health of Nigerians."

Under Section 14 of our constitution, we have an obligation, which we all swore to, in terms of upholding the provisions of the constitution," said Senator Mamora. "That section says, the welfare of the people shall be the primary purpose of government. So, we just need to safeguard the welfare of the people. It is important to us."

Even the Nigerian government, which previously granted generous concessions to tobacco companies, has withdrawn its support and filed a $45-billion suit against tobacco companies for allegedly targeting young Nigerians.

Senator Mamora says of the tobacco industry:"

They are no more than merchants of death, as far as I am concerned," he said.But not everyone is enthusiastic about a tobacco crackdown in Nigeria. A group of tobacco farmers from the southwest issued a passionate appeal to the senate committee on health during its just-concluded public hearing on the bill. The farmers asked legislators to consider the plight of thousands of poor tobacco farmers. Okeke Abiola spoke for the group.

"Our concern is that, if tobacco growing is banned without any alternatives - and I must mention quickly that we don't have any industry in Okeogu area, nothing other than this tobacco growing - we are concerned that without any alternatives, we will be the ones to bear the brunt," said Okeke Abiola. "For instance, if tobacco growing is banned, instantly 300,000 farmers will be affected.

"The World Health Organization says more than 80 percent of tobacco deaths will be in developing countries by 2030.

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Nigeria: Fast Track the Tobacco Control Bill

DailyTrust: Editorial

Abuja — The Senate's decision to commence public hearing last week on the Nigeria National Tobacco Control (NNTC ) bill, which is aimed at domesticating the Framework Convention on Tobacco Control ( FCTC ) has once again brought to the fore the debate on the societal cost of tobacco production and consumption in Nigeria. Nigeria ratified the FCTC treaty in 2005, but little is being done to regulate tobacco production and consumption in the country.
Sponsored by Senator Olorunnibe Mamora ( AC, Lagos ), the proposed law which is an upgrade of the existing, but defective Tobacco Control Act of 1990 seeks to control the production, sale and use of tobacco products in the country. The bill would also, among other provisions, seeks to regulate the involvement of tobacco companies in corporate social responsibility ( CSR ), a tool many tobacco firms use as part of the arguments to justify their presence in any community. More interesting is the provision which requires tobacco firms to go beyond the written warnings on cigarette packs, to using picture of people harmed by smoking, and this will occupy at least one- third of the pack to warn consumers. Similarly, if the bill is passed, it will be against the law to sell tobacco products within one kilometre of churches, mosques, schools and hospitals.
Indeed, over the years, attempt by pressure groups to convince governments at all levels to take stringent measures against tobacco production and its consumption fell on deaf ears following spirited fight from tobacco firms and other pro-tobacco lobbyists who argued that such actions would lead to the loss of 500,000 jobs across the country. But as the Senate president, David Mark pointed out at the public hearing, "Although the tobacco industry is economically significant, it is only the living that can enjoy the wealth". It is against this background that we support the proposed bill, more so that it is coming at a time when some state governments have taken the initiative to institute legal actions against tobacco companies whose products are alleged to be causing the deaths of many Nigerians and of luring youths into smoking in order to enhance profits margin. Already, the Federal Government and some states like Oyo, Kano, Osun and Gombe are pursuing anti-tobacco cases both at the state and national assemblies.
Though the nation presently lacks a comprehensive data on the deaths caused by tobacco-related illnesses, a research recently conducted by a non-governmental organisation, the Coalition Against Tobacco (CAT) indicated that 280,000 Nigerians died annually as a result of tobacco-induced sicknesses, warning that the number may double in the near future if not checked. Also, in 2006, a research carried out in Lagos revealed that at least two people die daily from tobacco-related diseases; translating to 60 persons losing their lives monthly. These figures exclude passive smokers (who inhale the smoke of others and end up having heart disease, lung cancer and a host of other illnesses).
It is important to note that tobacco smoking and the industry itself is in retreat in developed economies. In fact, in the last two decades, tobacco firms began to relocate their operations to Africa and other under-developed nations due to the stringent regulations introduced in Europe and North America. This is aimed at curtailing the rise in tobacco- induced illnesses, resulting in a number of deaths, especially among youths who constitutes the productive base of any nation. We therefore need to borrow a leaf from the west and regulate the infiltration of tobacco firms into the country under the guise of industrialisation. Though we know it would be a tough decision for the Senators to choose between the economy and the health implication of tobacco, there is need however for the lawmakers to demonstrate courage and show commitment in this direction.
As the nation awaits the passage of the bill, government at all levels must also intensify public enlightenment campaigns on the health implication of tobacco consumption. We also expect the health ministry to carry out a comprehensive research and analysis on the impact of cigarette smoking in order to produce a data that would serve as a reference point in the future when the need arise. This is imperative because it would be foolhardy for the country to always rely on data produced by foreign organisations for our national development.

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Ondo battles Big Tobacco

Damisi Ojo

Ondo State Government has joined the crusade to reduce tobacco-induced illnesses and deaths occasioned by cigarette smoking. The state is on the verge of instituting a legal action against tobacco companies for allegedly luring youths into smoking in order to enhance the companies’ profit margin. Ondo believes smoking habits seriously hamper public health and strain government’s financial base. Already, some states including Oyo, Kano, Osun, Gombe and the Federal Government are pursuing anti-tobacco cases both at the state and national assemblies. A bill to this effect is sponsored at the Senate by Lagos Senator, Olorunnibe Mamora.
A non-governmental organisation, the Coalition Against Tobacco (CAT), at a workshop it organised recently in Akure, the state capital, said the programme was meant to sensitise the citizenry on the ongoing court action against tobacco industries in the state.
A resource person from the State Ministry of Health, Mr. O.O. Akinsote said the World Health Organisation (WHO) statistics showed that about 5.4m people died of tobacco-related diseases in 2006. This makes it one death in every 6.5 seconds. Akinsote also stressed that a survey conducted on 12 government-owned health facilities in Lagos indicated that at least two persons died everyday from tobacco related diseases. According to him, this is more fatal than AIDS branded the "killer disease".
He revealed that a recent annual report of the British-American Tobacco Company (BATC) stated that major profits raked in by tobacco companies came from Nigeria, while over 20 brands of cigarettes were on sale in the country’s open market.
The expert urged the state lawmakers to pass a bill prohibiting tobacco smoking in states like Osun, Oyo, Kano and others. He said the group would soon sponsor a bill at the state parliament apart from the litigation process that would commence soon.
The Former Lagos State Attorney-General and Commissioner for Justice, Prof. Yemi Osibajo had on April 30, 2007 sued five tobacco companies in the country seeking special and anticipatory damages against the tobacco companies.
Akinsote disclosed that Lagos State government spent N216,000 each on two persons that died of tobacco related diseases in its state hospitals while individuals spent an additional N70,000.
Scores of other resource persons on anti-tobacco crusade made presentations at the sensitisation workshop.

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