Lagos to ban smoking in public places

The Lagos State Attorney General and Commissioner for Justice, Mr. Ade Ipaye, on Monday said the state government would ban smoking in public places.

He told the News Agency of Nigeria that the provisions of the new traffic laws had prohibited people from drinking or smoking while driving in the state.

Ipaye said though the new law was aimed at reducing road carnage, it was also part of the government’s plans to ban smoking in public places.

 He said, “It is an offence to smoke while driving, smoking is totally prohibited for drivers; obviously it is not just for safety reasons it is also for health reasons because we are moving towards banning smoking in all public places.

 “It is an offence to drive drunk; if you’ve been taking drugs, this law provides for blood test to determine whether you have ingested drugs which are inconsistent with your ability to drive.

 “So, this law makes it an offence to drive without a driver’s licence, without proper plate numbers. It is an offence to use the phone while you are driving except you have hands-free set so you don’t need to put the set to your ear.’’

Ipaye said the government decided to “criminalise” traffic offences and sanction offenders, as part of the strategy to bring the chaotic traffic situation within the metropolis under control.

 He said, “We are keeping the roads in good repairs, but still, we have problems, and that problem is made worse by commercial motorcycles, by cart pushers, by even people rearing cattle.

 “There seem all of a sudden to be no rules; people just disobey the traffic lights.”

 Meanwhile, lawyers in the state have reacted to the new Parks and Garden Law.

The law made it mandatory for landlords to beautify the perimeter of their properties or face punishment.

The lawyers described the new law as an attempt to impoverish Lagosians.

A legal practitioner, Mr Spurgeon Ataene, said the law was obnoxious and oppressive.

He said  government did not have the right to punish landlords for not beautifying their property.

Another lawyer, Mr Ogedi Ogu, said the law was against natural justice, equity and good conscience

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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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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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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.

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Senate Debates Bill On Tobacco Control, Sale

by Hanson Okoh
February 13, 2009


Senators on Wednesday considered legislation which seeks to control the manufacture, sale, advertising, promotion and sponsorship of tobacco or tobacco products in Nigeria.
The bill on the subject has passed through Second Reading.
It was entitled, "National Tobacco Control Bill, 2009".
Deputy Minority Leader, Olorunnimbe Adeleke Mamora (AC, Lagos East), is the sponsor of the bill.
If passed into law, it would become an offence to sell or market tobacco products to persons under 18 years with a fine of N50,000 or imprisonment for a term not exceeding six months, or both for whoever flouts the law.
The bill also proposes to prohibit the sale of cigarettes by the stick as well as ban all forms of adverts, sponsorship, testimonials, and sale promotion connected with tobacco.
In the bill, cigarette manufacturers may be compelled to carry a special pictorial warning that covers half of the packet, informing smokers on the dangers of smoking.
Leading debate on the bill on Wednesday, Mamora said tobacco related diseases were on the increase hence the need to shield Nigerians from its harmful effects.
"The World Health Organisation (WHO) estimates cigarette smoking currently kills 5.4 million people every year.
"Over half of that casualty will be recorded in developing countries like ours and if we fold our hands and do nothing, this century we are going to lose about one billion to tobacco related diseases.
"In 2006, the Lagos State Government discovered through a survey covering 11 hospitals in the state that two persons die each day from tobacco related disease," Mamora said.



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