Court adjourns Tobacco’s case

By Kolade Adeyemi

Kano High Court presided over by Justice Wada Rano has again adjourned the case between the Kano State Government and British American Tobacco (BAT)Company to October 28 for its adoption of addresses in application filed by the parties involved.

When the case came up for hearing last Thursday, the judge dismissed the request of the company (defendant) to amend everything they had already filed in adherence to the prayers of the plaintiff counsel, Mr. Babatunde Irukere.

Irukere had earlier challenged the prayer of the counsel for the defendant for an amendment of what they had earlier filed, arguing it would create delays and frustrate the process of justice. In his submission, the plaintiff counsel argued that, discussing the service of process for the past two and half years is still dragging the case backwards, pointing out that the court has shown in its ruling that in the interest of justice and urgency, the court should expedite action so that the merit of the case could be seen.

Earlier, counsel for the defendants, Phillip Morris International SA, Ebun Sofunde (SAN) argued that they were ready to move any application, but disagreed that there was a difference between resolve and hearing, which was the bone of contention.

The parties resolved to correspond all applications and process within 45 days to allow the proper hearing of the case which was adjourned to October 28.

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Kano accuses tobacco firms of delay tactics over suit

- Adamu Abuh

KANO State Government yesterday accused a consortium of tobacco firms of applying delay tactics to avoid punishment over the harm their products inflict on the citizenry.

The state government had taken a cue from Lagos State by initiating a N1.6 trillion compensation suit against British-American Tobacco (BAT) Nigeria Limited, International Tobacco Limited and four others for health hazards resulting from cigarette smoking in the most populous northern state.

Kano State Attorney-General and Commissioner for Justice, Aliyu Umar, had in the suit named other defendants to include British-American Tobacco Plc, British-American Tobacco (Investment) Limited, Phillip Morris International and Tobacco Institute.

When the matter came up yesterday before a Kano High Court Judge, Wada Rano, an attorney to the state government, Mr. Babatunde Iruekera, accused the tobacco firms of applying various technicalities to stall proceedings on the matter.

Iruekera specifically opposed an oral application seeking the replacement of Phillip Morris International with Phillip Morris International Management as the fifth defendant in the suit.

Irukera wondered why counsel to the tobacco firms who were supposed to address pending issues on the suit chose to come up with a new strategy of causing delay in hearing the case.

"I have said that you cannot abuse the legal process. You also cannot exploit the legal process. You cannot hijack court process for the purpose of gaining undue advantage over an adversary. The court is here to do substantial justice and there must be a level-playing field for all parties.

"Each time the plaintiffs respond, what they do is to withdraw back to the ground zero and initiate another process," Iruekera argued while urging the Judge to check the antics of the tobacco firms' counsel.

Lead counsel to the tobacco firms, E.O. Sofunde, a Senior Advocate of Nigeria (SAN), argued that the move to substitute the fifth defendant is in line with the wishes of his client.

Citing Njemanje vs Shell BP Port Harcourt, 1966, Nigerian Law Report, he asserted that the initiative is anti-thetical to the provision of the law.

Justice Rano thereby adjourned the matter to July 23 for ruling and continuation of proceedings.

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