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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Groups hail Senate hearing on tobacco bill

-David Ajikobi with agency reports

The Senate has been hailed by international groups and non-governmental agencies for helping in the fight against tobacco smoking in the country.
The upper chamber of the National Assembly is working on the National Tobacco Control Bill and its Committee on Health on Tuesday held a public hearing on the bill.
Kayode Soyinka, a medical practitioner and representative of the World Health Organisation who was at the public hearing, applauded the Senate for helping in the fight against tobacco addiction and associated diseases.
"We fully support this effort, which is to domesticate the WHO- initiated Framework Convention on Tobacco Control. Nigeria became a Party to this Convention in October, 2005, and this bill fully conforms to the provisions of the international treaty," said Mr. Soyinka on Friday.
Africa Tobacco Control Alliance, a collection of groups and institutions working on tobacco control in Africa stated in a letter signed by its chairperson, Racheal Kitonyo, that Nigeria is not alone in the quest to domesticate the Framework Convention on Tobacco Control provisions.
"Nigeria would be following the lead of other African countries such as South Africa, Kenya and Mauritius that have already began implementation of FCTC provisions."
"The Africa Tobacco Control Alliance challenged the Senate on a quick passage of the bill. We believe the bill is essential to improve the health of all Nigerians and we want to throw our weight as Africans behind the laudable move of your senate to achieve this," he said.
A United States based group, Corporate Accountability International also commended the country's move to domesticate the Framework Convention on Tobacco Control, pointing out that urgent actions are needed to stem the rising tobacco - related deaths across the world, 80 percent of which occur in the Global South.
The Corporate Accountability Group, in a letter to members of the senate health committee, signed by its International Policy Director, Kathryn Mulvey, charged the lawmakers that Article 5.3 of the Framework incorporates measures to protect the tobacco control law from interference from tobacco industry.
"Full implementation of the FCTC in Nigeria and around the world will save millions of lives and change the way Big Tobacco companies operate globally," the group said.
Adeola Akinremi, the regional coordinator of Framework Convention Alliance, a global alliance of organisations working on tobacco control, who personally submitted a memorandum at the hearing described the bill as a great and bold step by the Nigerian senate to safeguard the health of Nigerians.
"This is one bold step to protect Nigerian citizens and the senate deserves commendation. However it is time for vigilance on the part of the senate and all Nigerians to ensure the current standard of the bill is not compromised when it is passed into law," he said
The bill sponsored by Olorunnibe Mamora, (representing Lagos East) is to regulate the manufacturing, distribution, sales, and consumption of tobacco products in Nigeria and is principally targeted at reducing the population of smokers and the effects of smoking on public health, the economy and the environment.
At the public hearing on Tuesday, more than 40 civil society groups sent in memoranda to support the bill. There were statements from the Minister of Health, Babatunde Osotimehin who was represented by Mike Anibueze; former Minister of the Federal Capital Territory, Umaru Modibo, former Attorney General of Lagos State, Yemi Osinbajo, the wife of the former Chief Justice of the Federation, Maryam Uwais among others.

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NIGERIA VERSUS BIG TOBACCO

On February 4, 2009, the National Tobacco Control Bill 2009 scaled through Second Reading at the Senate. The Bill sponsored by Senator Olorunnibe Mamora seeks to regulate the manufacturing, sale and distribution of tobacco products in the country. Essentially, the bill domesticates the provisions of the World Health Organisation (WHO) Framework Convention on Tobacco (FCTC) which Nigeria signed on June 28, 2004 and ratified on October 20, 2005.

Senate President David Mark, apparently encouraged by the overwhelming support fellow senators accorded the bill during the Second Plenary Reading and in accordance with legislative practice, referred the bill to the Senate Committee on Health for fine-tuning before its passage. The Senate President and indeed several other distinguished senators who took the floor during the Second Reading spoke in favour of the quick passage of the bill. They enumerated the positive impacts the bill promised for public health and its potential for saving the lives of millions of Nigerian youths from tobacco addiction.

Specifically, the Senate President closed the plenary with an admonition to his fellow senators to shun every overture by Big Tobacco to undermine or delay the passage of the bill. He predicted that the tobacco industry will certainly do all within its powers to distract the Senate from working for speedy passage of the public health bill but that the Senate should stand firm for public health and the well-being of Nigerian.

True to the Senate President's prediction, since February the tobacco industry since February has deployed strategies to undermine the bill. The industry has engaged media spin doctors to feed Nigerians with a pot pouri of lies and propaganda. They have recruited surrogates and hatchet men to distort scientifically documented data on the impact of tobacco use on public health, the economy and the environment.

Page 60, THISDAY, Vol. 14, No. 5112Tuesday, April 21, 2009