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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The continued fight to control smoking (2)

-Emmanuel Ogala

There is no up-to-date data showing how many Nigerians are smokers or how many die of tobacco related illnesses, but the floor of the senate has been gripped with excitement since it started hearing on a bill to control the sale of tobacco last week.
Research conducted in 1988 by the Federal Ministry of Health showed that nine million Nigerians were smokers, out of which 3.5 million smoked an average of 20 sticks daily. This led to the promulgation of a decree banning smoking in public spaces. In 2006, research carried out in Lagos revealed that two people die daily from tobacco related illnesses in the state.
The tobacco industry is a bug-bear for many health activists and government institutions, locally and internationally, so it was no surprise that a National Tobacco Control Bill which seeks to control the production, sale and use of tobacco in Nigeria was debated by the public in the senate chamber early last week. The bill is sponsored by Adeleke Olorunimbe Mamora (AC, Lagos state).
The National Tobacco Control Bill 2009 is an upgrade of the Tobacco Control Act of 1990 and a replica of the World Health Organization’s Framework Convention on Tobacco Control (FCTC). Nigeria ratified the FCTC treaty in October 2005.
The bill was welcomed by health organisations and environmentalists but, as expected, there was solid opposition from tobacco companies, their suppliers, traders, community associations of tobacco producing communities and others connected economically to tobacco production.
The bill is a double-edged sword: while it promises to save the lives of about 6.5 million Nigerian smokers whom activists from the Environmental Rights Action (ERA) say are on the ‘death row’ due to tobacco addiction, it will also lead to the loss of about 500,000 jobs across the nation, according to pro-tobacco lobbyists.
“We stand between health and economy,” David Mark, the senate president, said while declaring the public hearing open. He, however, noted that although the tobacco industry is economically significant, it is only the living that can enjoy the wealth.
The case for production Oloye Gbade Isola, national secretary of the Central Council of Ibadan Indigenes, said British American Tobacco Nigeria (BATN) is a major business concern in Ibadan. He said the company might find it difficult to operate under a regulatory legislation that is choking.
“The company will eventually wind up,” he said. “To those who have benefited from BATN’s presence, its exit will be a calamity.” Saka Muniru, representing the Ibadan Progressive Union, also told the Senate that the closure of the BATN factory located in Ibadan would lead to the loss of more than 500,000 jobs. In his view, the bill will drive away investors. He therefore pleaded that the new bill should only include measures to regulate the production of cigarettes in the country rather than strangle existing companies.
Tony Okwoju,Area Head Regional Affairs at BATN, the largest cigarette producing companyin Nigeria, promised that his company will comply with the provisions of the bill whenever it is signed into law.
However, he said there are components of the proposed bill that are extreme and would have ‘unintended consequences’ on the industry or even make it impossible for legal companies to operate yet will not achieve the desired goal of reducing the impact of tobacco on public health.
“We have seen cases where extreme regulation has resulted in an increase in the levels of illicit trade,” Mr. Okwoju said. “We believe that the purpose of a tobacco control law should be the reduction of the impact of tobacco on public health. It should not be to force legal tax-paying tobacco companies out of business.”
The case against Environmental and health activists argue that the hazards of smoking far outweigh the benefits, as few Nigerians are directly or indirectly on the payroll of tobacco companies.
. They insist that tobacco farmers in Nigeria could easily shift to other crops, such as cassava, which has high demand in the international market.
“Besides, Nigeria still imports tobacco leaves at a mere 5% duty, which makes locally produced tobacco unattractive,” Uche Onyeagocha of Friends of the Earth, Nigeria (FoEN) said.
The bill, amongst other provisions, seeks to regulate the involvement of tobacco companies in corporate social responsibility (CSR), a tool many tobacco companies use as part of the arguments to justify their presence in any community.
“It is simply a decoy to replace the dead smokers and keep the government’s eye away from regulating its expansion,” Adeola Akinremi, African coordinator of Framework Convention Alliance (FCA), an intergovernmental policy
organization based in Geneva, Switzerland, said. “What social responsibility can a company whose product kills offer?” The bill also seeks to establish a National Tobacco Committee (NATOC) to monitor the implementation of the restrictions in the bill. The Standards Organisation of Nigeria (SON) presently has the responsibility of regulating tobacco sale and distribution.
The devil is in the bill When the bill is eventually passed, tobacco companies will be required to go beyond the written warning on cigarette packs, to using pictures of people harmed by smoking, and this which will occupy at least one-third of the cover to warn consumers.
It will also be against the law to sell tobacco products within one kilometre of churches, mosques, schools and hospitals when the bill is passed.
This provision particularly angered a group called Concerned Tobacco Retailers. “This means we cannot sell at all in this country!” Luka Vindi, secretary to the organization, said.
Other provisions in the bill include: prohibition of smoking in public places, ban on the sale of tobacco products to persons under the age of 18, and prohibition of the sale of tobacco in single sticks. When passed, cigarettes will be sold only in a pack of 20.
Also, the bill prohibits mail delivery of cigarettes to consumers, and provides that all tobacco meant to be consumed in Nigeria must bear a mark indicating that it is for the Nigerian market only; while those meant for export should be clearly marked too. This, they say, will help curb smuggling of tobacco products.
Although it will be a tough decision for the senators to choose between the economy and the health implications of tobacco, the senate president has promised to make every senator declare his/her stance publicly when the bill is up for passage.
Legislative drama Part of the drama at the emotive public hearing was the altercation between the chairman of the senate committee on health, Iyabo Obasanjo-Bello, and Maryam Uwais, wife of the former chief justice of Nigeria, Muhammed Uwais.
Mrs Uwais was angry that Mrs Obasanjo-Bello refused to allow some children present on the floor to speak. She later sent a letter to the senate to complain aboutthis.
In an interview with NEXT, Mrs Uwais said:“What happened was that there was a hearing on the tobacco and I have been involved in a related litigation. We’ve been suing tobacco companies and trying to get them to stop selling to children, and around sport centres and schools.
“We have also been supporting Senator Mamora who had produced a bill for tobacco control which is more effective than the other law that has been in existence.
We went for the public hearing and I was able to speak on the first day. I spoke about my role as a child rights advocate and how tobacco affects children.
“I was allowed to speak. But the following day, other members of ourteam were going to speak, so I went. I noticed in the audience, the three children. I don’t know them and I have never seen them before.
They attempted to speak but the chairperson said no. I stood up and she said ‘sit down, I am not going to allow you to address me on this issue, as a mother I am to protect these children. They are being brought here to be paraded.’ Meanwhile a lot of people had come to testify that children are stakeholders. All I wanted to do was make her realise that she was wrong.”

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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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WHO, Others Back Tobacco Control Bill

By Laolu Adeyemi

THE Public Hearing on the National Tobacco Control Bill conducted this week by the Iyabo Obasanjo Bello-led Senate Health Committee has generated commendations from international agencies and non-governmental groups.
The World Health Organisation (WHO) Country Representative in Nigeria, represented at the Public hearing by Dr. Kayode Soyinka, commended the Senate for taking steps to rescue the lives of millions of Nigerians from tobacco addiction.
"We fully support this effort which is to domesticate the WHO- initiated Framework Convention on Tobacco Control (FCTC). Nigeria became a party to this convention in October 2005 and this bill fully conforms to the provisions of the international treaty," the WHO Representative said.
A leading tobacco control group in the United States, the Campaign for Tobacco Free Kids (CFTK), in a memorandum to the Public Hearing signed by its President, Matt Myers, expressed full support for the bill "in its current form" and urged the Senate to pass it swiftly.
CTFK said: "The National Tobacco Control Bill is essential to bringing Nigeria into compliance with its international obligations under the Framework Convention on Tobacco Control (FCTC), which Nigeria ratified in October 2005.
"Under the FCTC, Nigeria is obliged, among other things, to protect the health of its citizens by prohibiting smoking in public places, workplaces, public transport, and other appropriate places; to impose a comprehensive ban on advertising, promotion and sponsorship of tobacco products; and to require strong and prominent health warnings on tobacco products."
Another US-based group, Corporate Accountability International (CAI) commended the Senate's move to domesticate the FCTC, pointing out that urgent and bold actions are needed to stem rising tobacco - related deaths across the world 80 per cent, which occur in the Global South.
The corporate accountability group, in a letter to members of the Senate Health Committee and signed by its International Policy Director, Kathryn Mulvey, however, urged the Senate to, in accordance with Article 5. 3 of the FCTC, incorporate 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 operates globally," CAI stressed.
Also, the Africa Tobacco Control Alliance (ATCA), the umbrella body of groups and institutions working on tobacco control in Africa, in a letter signed by its Chairperson, Racheal Kitonyo noted that Nigeria is not alone in the quest to domesticate FCTC provisions, noting; " Nigeria would be following the lead of other African countries such as South Africa, Kenya and Mauritius that have already begun implementation of FCTC provisions."
At the public hearing, which ended on Tuesday, over 40 civil society groups sent in memoranda to support the bill. The Public Hearing also featured statements of support from eminent Nigerians including Nigeria's Minister of Heath, Professor Babatunde Osotimehin represented by a Director at the Ministry, Dr. Mike Anibueze; former Minister of the Federal Capital Territory (FCT), Alhaji Umaru Modibo, former Attorney General of Lagos State, Prof. Yemi Osibajo, the wife of immediate past Chief Justice of the Federation, Mrs. Maryan Uwais, among others. SOURCE

Group hails senate over tobacco bill

APPLAUSE came the way of the Senate yesterday over its public hearing on National Tobacco Bill held this week from both local and international organisations. The World Health Organisation (WHO) Country Representative in Nigeria, represented at the Public hearing by Dr Kayode Soyinka, commended the legislative chamber for taking steps to rescue the lives of millions of Nigerians from tobacco addiction.
" We fully support this effort which is to domesticate the WHO- initiated Framework Convention on Tobacco Control (FCTC). Nigeria became a Party to this Convention in October 2005 and this bill fully conforms to the provisions of the international treaty," the WHO Representative said.
A leading tobacco control group in the United States, the Campaign for Tobacco Free Kids (CFTK) in a
memorandum to the Public Hearing signed by its President, Matt Myers, expressed full support for the bill "in its current form" and urged the Senate to pass it swiftly. CTFK said: "The National Tobacco Control Bill is essential to bring Nigeria into compliance with its international obligations under the Framework Convention on Tobacco Control (FCTC), which Nigeria ratified in October 2005."
"Under the FCTC, Nigeria is obliged, among other things; to protect the health of its citizens by prohibiting smoking in public places, workplaces, public transport, and other appropriate places; to impose a comprehensive ban on advertising, promotion and sponsorship of tobacco products; and to require strong and prominent health warnings on tobacco products," it added.
Another US-based group, Corporate Accountability International (CAI) commended the Senate's move to domesticate the FCTC, pointing out that urgent and bold actions are needed to stem rising tobacco - related deaths across the world 80 per cent of which occur in the Global South.
The corporate accountability group, in a letter to members of the Senate Health Committee and signed by its International Policy Director, Kathryn Mulvey, however, urged the Senate to in accordance with Article 5. 3 of the FCTC incorporate measures to protect the tobacco control law from interference from tobacco industry. SOURCE

Ex-FCT minister Modibo wins WHO Award

THE World Health Organisation (WHO) has recognised former Minister of the Federal Capital Territory (FCT), Dr. Aliyu Mddibo, with a Special Director-General Award for... his contributions to tobacco control in Africa.

The prestigious WHO yearly award is given to eminent personalities, who have made a mark in tobacco control, during the World No Tobacco Day (WNTD) celebrations.
The award is the first of such to be won by any former Nigerian Government official.
The award, which was announced on the WHO website, also listed the former minister among the six recipients in Africa.
During his time as the FCT minister, Moddibo was instrumental to tobacco control measures aimed at reducing the smoking prevalence in the federal capital city, especially among the youth.
One of his major achievements is declaring the FCT smoke-free on June 1, 2008.
Through that, it became an offence to smoke in designated public places, such as playground, restaurant, schools and other public buildings.
Moddibo, a former smoker, has also given presentations at various tobacco control meetings and seminars in Abuja and called for increased taxation on cigarettes as a way of reducing access to the youth.

A non-governmental organisation, Environmental Rights Action/Friends of the Earth Nigeria (ERA/FoEN) in April was among the four global recipients of the prestigious Bloomberg award.
The award was given during a presentation at the World Conference on Tobacco or Health in Mumbai India.

It was in recognition of ERA’s contribution in monitoring the activities of the tobacco industry and reporting on such.

Nigeria is one of the few West African countries that have made great strides in public health and tobacco control.

SOURCES:

COMPASS NEWS

THISDAY BRIEF: scan copy.

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

The People v. Big Tobacco

-By Adeola Akinremi

How many people are we willing to sacrifice as a nation to continue to keep the tobacco industry in business? Since the Senate pushed the National Tobacco Bill 2009 through Second Reading in February and mandating Senator Iyabo Obasanjo-led Senate Health Committee to finalise work on the Bill and re-present to the National Assembly for enactment into law, the tobacco industry has become more aggressive in its usual tactics of distorting the truth both in the public places and at the chambers of the National Assembly.

The issue is what does regulation of tobacco product seeks to address in Nigeria. The bill at the Senate would mandate a total reformation and restructuring of how tobacco products are manufactured, marketed and distributed in this country. The nation can thereby see real and swift progress in preventing underage use of tobacco, addressing the adverse health effects of tobacco use and changing the corporate culture of the tobacco industry.

The National Agency for Food and Drug Administrative and Control (NAFDAC) and other public health protection agencies have spoken out about the hazards of tobacco and they view the use of tobacco products by our nation’s children as paediatric disease. There is also a consensus within the scientific and medical communities that tobacco products are inherently dangerous. They cause cancer, heart disease and other serious adverse effects.

Until now, the federal and state governments have lacked many of the legal means and resources they need to address the societal problems caused by the use of tobacco products. It is against this backdrop that Senator Olorunnimbe Mamora and the entire Senate should be commended for initiating the bill and moving it through second reading unanimously. The National Tobacco bill will indeed provide a platform for the government to achieve the public health objectives with which they were charged while taking the oath of office.

Beyond the cynicism of the tobacco companies and their hirelings in the Senate and the media who are subverting the truth; the sale of tobacco products to adults would remain legal, but subject to restrictive measures to ensure that they are not sold to underage persons. These measures echoes the mind of federal and state public health officials, the public health community and the public at large that the tobacco industry should be subject to serious regulatory oversight given the industry open admittance that its products kills.

Enacting a comprehensive legislation at this time to implement the Framework Convention on Tobacco Control (FCTC) which Nigeria ratifies in 2005 would ensure a healthy population where burden of treating tobacco-related diseases no longer put pressure on the annual health budget of Nigeria.

Importantly, the speed of enactment of this legislation will show that the government cares more for the future health of the country’s children than for the economic wealth of the tobacco industry.

In Mauritius, an African country with a small population will in June begin implementation of pictorial warnings on cigarette packs that covers 65 per cent of the packets. Pictorial warning is contained in article 11 of the WHO’s Framework Convention on Tobacco Control (FCTC).
World Health Organisation particularly approves of tobacco health warnings that contain both pictures and words because they are the most effective at convincing people to quit.

According to the WHO, “Incorporation of Pictorial Warning on tobacco product packets is important as majority of the tobacco users in this country will be able to have informed choice.”
The Senate will therefore be doing this nation a lot of good by passing this bill on time because the burden of cancer in Nigeria is appreciable and tobacco contributes a lot to this. The WHO states that there are an estimated 100,000 new cancer cases in the country each year although observers believe the figure could become as high as 500,000 new cases annually by 2010.

In 2005 cancer killed 89,000 people in Nigeria with 54,000 of this figure below the age of 70. Essentially, with the passage of this bill, which will properly regulate tobacco use, cancer and other tobacco-related diseases are bound to be on the recoil.

***Adeola Akinremi is the African Regional Coordinator, Framework Convention Alliance[FAC] an Inter governmental policy organisation based in Geneva, Switzerland.

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National Tobacco Control Bill - MAN vs. Tobacco Lobbyists

MAN warns over Anti-Tobacco Bill -says action will affect country’s GDP

The rank of those calling for caution by the Senate in the treatment of the anti-tobacco bill, has been swelled by the apex manufacturing body, the Manufacturers Association of Nigeria (MAN).

...MAN BOSS

In making his call, the Chairman of MAN, South-West Zone (comprising Oyo, Osun, Ondo, Ekiti, Kwara and Kogi states), the tobacco-producing area of the country, Chief Isaac Adaegbo Akinpide, said that the tobacco bill currently at the Senate is geared towards killing tobacco production in the country.

Speaking with reporters he said: “MAN recognises the need to regulate the tobacco industry, but in doing this, government should be careful that it does not kill the legal industry. If the legal industry disappears, people will still smoke in this country so there will be a demand for tobacco products and the vacuum will be filled by smugglers.”

The MAN chairman also highlighted the economic import of the move, if it materialises in the Senate. He asserted, “over the past few years, approximately 50 per cent of the workforce in the nation’s manufacturing sector have been thrown out of jobs and in 2008, the manufacturing sub-sector’s contribution to the Gross Domestic Product (GDP) was a paltry 4.13 per cent down from 10 per cent which it stood at in the preceding years.”

He urged the Federal Governments to be more careful with its policies so as to protect local industries. “The tyre industry suffered the same fate with Michelin in Port Harcourt and Dunlop in Ikeja closing their factories. These developments can be attributable to dysfunctional government policies which do not take into consideration, the impact they will have on the economy,” he explained.

A couple of weeks ago, the Chairman, Senate Committee on Industries, Senator Kamorudeen Adedibu (PDP, Oyo South) in condemning the bill, stated that it is a ‘misplaced priority.’ Many other Nigerians have in different fora, advised that the Senate apply caution, even as it is a general consensus that the tobacco industry needs to be regulated. SOURCE

Tobacco Lobbyists and the National Tobacco Control Bill

-By Jakpor, a public health advocate, Lagos

It is becoming evident by the day that beneficiaries of the tobacco industry will stop at nothing to keep the tobacco business going even if it means distorting hard facts that have far-reaching implication on our well-being as a people.

Articles that have popped up in the media since news broke that the National Tobacco Control Bill 2009 received overwhelming support from members of the Senate did not only confirm this assertion but also deepened my conviction that indeed the bill is coming at a very auspicious time.

It is coming at a time that independent findings by well-meaning and concerned organisations, including a recent one by the British Broadcasting Corporation (BBC) confirmed that like no other time in history, tobacco companies are aggressively marketing cigarettes to children across Africa and conscripting them into smoking through parties and deceptive concepts.

Here in Nigeria, the successful campaigns to bring down tobacco billboards and halt advertisement on set notwithstanding, tobacco firms have always conned their way around the law. British America Tobacco (BAT) –the market leader here, has been successfully replaced TV, newspaper and radio adverts with indirect adverts –branding of T-shirts, kiosks and vehicles in its colors and logo. The company also recently owned up to organizing secret smoking parties with an unstated mission: To recruit the swarm of underage that are deluded into believing that smoking is “hype” and “classy”.

It was on this foundation that the National Tobacco Control Bill, sponsored by Senate Deputy Minority Leader, Olorunnimbe Mamora, makes it an offence to sell or market tobacco products to persons under the age of 18 and imposes a fine not exceeding N50,000 or imprisonment of a term not exceeding six months or both on violators. It also prohibits all advertisements, sponsorships, testimonials and promotion of cigarettes in the country.

In the week since the Senate threw its weight behind the bill, I have glossed over the water-less arguments of the tobacco foot soldiers trying to hack away at provisions in the bill until I stumbled on an amazing report that prompted me to put pen to paper.

In the widely published report, Chairman, South-West Zone of the Manufacturers Association of Nigeria, Chief Isaac Adaegbo Akinpide was quoted: “MAN recognizes the need to regulate the tobacco industry, but in doing this, government should be careful that it does not kill the legal industry. If the legal industry disappears, people will still smoke in this country so there will be a demand for tobacco products and the vacuum will be filled by smugglers.”

While I may not want to believe that the view of the MAN chief represents all MAN member groups (even in his South West), this shocking statement at a time Nigerians are counting the cost of the health impacts of tobacco is very disappointing.

For one, his argument on economic and job losses that will worsen the approximately retrenched 50 per cent of workforce in the nation’s manufacturing sector since 2008 does not have any bearing with the issues at stake: increasing number of deaths due to tobacco and the need to rein in on this development through stiff laws like obtains in other parts of the world.

Time and again, MAN as a body has blamed the parlous state of the manufacturing sector on inconsistency in government policies and divided interest. What inconsistency is more than a government that on one hand promises to uphold the health of its citizens and on the other hand, welcomes a merchant of death? That is what the open arms that the Obasanjo administration gave to BAT in 2001 when it applauded a $150 million cigarette manufacturing plant in Ibadan represents. Since that time, more youths have taken to smoking and the rest of course is history.

The issue of smuggling is an insignificant one which Nigerians know too well: Cigarette smuggling can be laid on the doorsteps of the tobacco industry whose internal documents confirm is actually behind the booming smuggling business.

But then, an issue that is even more surprising that tobacco lobbyists avoid like a plague is that recommendations in the bill is not actually a novel innovation by our Senators. The World Health Orgnisation (WHO) Framework Convention on Tobacco Control, which Nigeria signed on June 28, 2004 and ratified on October 20, 2005 recognizes the need for parties to the protocol to enact laws that will clip the wings of the tobacco firms.

WHO initiated the FCTC in 1999 in response to the global tobacco epidemic and it was subsequently endorsed unanimously by WHO member states on 21 May, 2003 to become a legally-binding international public health treaty. The WHO FCTC requires nations to implement a range of tobacco control policies including banning smoking in public places, raising taxes on tobacco products, banning tobacco advertising, and labeling cigarette packets with health warnings.

The Conference of Parties to the FCTC which met in Durban, South Africa last year with a strong delegation from the Nigerian government also strengthened Article 5.3 of the protocol which protects the treaty and related public health policies from tobacco industry interference and even prohibits government partnership or collaboration with the tobacco industry. Ever since, the slogan of the tobacco industry has been “revenue will be lost by governments”
Fortunately this argument did not sell in neighboring Ghana where, even before the COP3, because of the same antics they have been accused of in Nigeria, the Ghanian government delisted BAT from the Ghanian Stock Exchange and threw it out of that country.

The same deceptive arguments also did not hold in the United Kingdom and other countries of Europe that sent them packing after decades of operation.

It is safe to remind the few Nigerian beneficiaries buying up newspaper space to encourage the production and sale of a confirmed killer product that the same companies they front for admitted their crimes in the United States of America where they pay $206 billion to the coffers of 46 states annually in fines for their past, present and future death-inducing actions. This started in 1998 under what has come to be known as Master Settlement Agreement, and will continue for another 14 years.

Going by statistics from the WHO which puts tobacco-induced deaths at over 5.4 million annually (more than 75 per cent happening in developing nations), it becomes quite clear that proponents of a so-called foreign direct investment in form of tobacco products do not understand what pro-people investment really is.

One of the greatest producers and exporter of tobacco leaves is Malawi, a nation that is competing for permanent status in the list of poor nations in the World Poverty Index, Clearly, tobacco has not brought Malawi wealth and will not bring us wealth either.

If the production and marketing of tobacco products is actually the definition of what a foreign direct investment is, the Lagos State government for instance, will not be expending N216,000 annually on the 9,527 tobacco-related cases in 11 out of 26 public hospitals as revealed in a 2006 survey.

If it is actually an investment worth celebrating, tobacco growing communities in Iseyin and Ago Are in the same Oyo State which houses the $150 million so-called investment will not remain as backward and rustic as it was maybe in the time of the Late Bishop Ajayi Crowther of blessed memory.

Since 2001 when BAT commissioned a $150 million plant in Ibadan, Oyo State and upgraded its Zaria factory to produce 7,200 sticks per minute, the smoking rate among youths also assumed a frightening dimension.

In 1994, seven years before the commissioning of the Ibadan Plant, the smoking rate among youths was four per cent. The publicity blitz and deceptive marketing that followed the commissioning pushed the figures to 18.1 per cent among the age groups 13-15 years by the end of 2002.

Unfortunately, like most cancer patients dying gradually in the hospitals today, the unsuspecting youth will come to know years from now when they develop terminal ailments, that their future had been mortgaged by the organizers of the smoking parties.

We can easily dismember tobacco lobbyists’ position on the need to save the tobacco companies litigation and subsequent closing of shop in other to save the contentious 300,000 dependants of the alleged 2,500 tobacco industry staff that will be thrown into the unemployment market if the companies eventually does pack up.

One even wonders how those figures where manufactured when BATN recently revealed that less than a thousand Nigerians are in its direct employ because of the fully automated nature of the Ibadan plant. The thousands of tobacco farmers that may have been conscripted into the list of threatened workforce as Nigerians have come to know, are poor farmers who are only victims of a monopolistic company that has condemned them to irredeemable poverty.

Today, BAT is sole buyer of the farmers’ leaves, dictates ridiculous prices and supplies them fertilizers like a child tied to the umbilical cord of a mother. But unlike the later, this union is a torturously life-long.

Be that as it may, the fictitious 302,500 people can still not equate the many more thousands that die annually from cancer and other tobacco-related illnesses and many more that will die.
It will make more sense for tobacco lobbyists concentrate on getting their benefactor to diversify into other areas of agriculture that its foundation claims success in improving instead of the waste of newspaper space.

The National Tobacco Control Bill is an idea whose time has come and the Senate’s decision to fast-track the process of translating it into law is a fresh breath away from the stagnation and deliberate hurdles thrown the way of the multi-billion naira suits by the tobacco giants.

The patriotism of the honorable members of the House in standing for the rights of Nigerians to a poison-free air is commendable. Mamora and his team will have their names written in gold in the annals of this nation.


SOURCE

Group urges Senate to pass anti-tobacco bill

A Non-Governmental Organisation, Journalists Action on Tobacco and Health (JATH) has urged the Senate to speed up the passage of the 2009 National Tobacco Control Bill to allow for commencement of quick implementation of the WHO’s Framework convention on Tobacco Control(FCTC) which Nigeria ratified in 2005.

In a statement signed by the group’s Programme Manager, Mr. Yinka Olugbade, the group said the passage of the bill would help reduce tobacco-related deaths.

The group also commended Senator Olorunimbe Mamora for sponsoring the bill and working to ensure that it has passed the second reading.

“The Senate will be doing this nation a lot of good by passing this bill on time because the burden of cancer in Nigeria is appreciable and tobacco contributes a lot to this. According to the World Health Organisation, there are an estimated 100,000 new cancer cases in the country each year although observers believe the figure could become as high as 500,000 new cases annually by 2010.

“It is feared that by 2020, cancer incidence for Nigerian males and females may rise to 90.7/100,000 and 100.9/100,000 respectively. It is also anticipated that by 2020, death rates from cancer in Nigerian males and females may reach 72.7/100,000 and 76/100,000 respectively. But this only represents a tip of the iceberg if projections by the World Health Organization (WHO) are anything to go by.

“ In 2005 cancer killed eighty nine thousand people in Nigeria with fifty four thousand of this figure below the age of seventy. Essentially, the most common cancers documented in Nigeria to date are cancers of the uterus and breast for women and liver and prostate cancers for men. But many of these deaths can be avoided. Over 40% of all cancers can be prevented. Others can be detected early, treated and cured.

“With the passage of this bill, which will properly regulate tobacco use, cancer and other tobacco-related diseases are bound to be on the rebound,” the group noted.

Noting that a part of the bill contains incorporation of Pictorial warnings on the pack of cigarettes,JATH said,"There is no doubt that the sponsor of the Bill and the Nigerian Senate meant well for the welfare of its citizens.

"Incorporation of Pictorial Warning on tobacco product packets is important as majority of the tobacco users in this country will be able to have informed choice. World Health Organization (WHO), particularly approves of tobacco health warnings that contain both pictures and words because they are the most effective at convincing people to quit.

ERA Commends Senate over anti-tobacco Bill

LEAD DEBATE ON THE NATIONAL TOBACCO CONTROL BILL, 2009

BY SEN. OLORUNNIMBE MAMORA


Preamble

It is established fact, both scientifically and legally, that tobacco is dangerous as it contains over 4,000 potent, toxic and carcinogenic chemicals, associated with over 200 diseases, preventable deaths and a significant drain on world economy, particularly the healthcare sector. The World Health Organisation (WHO) and several organizations are unanimous that tobacco consumption is a scourge; failure to control its spread would have serious and fatal consequences for citizens of the world.

The increasing hostility and regulatory restrictions from western and other more developed nations have caused tobacco companies to flock to developing countries in order to increase their business and profitability. Sadly, developing countries like ours, with notorious drawbacks of illiteracy, corruption, weak institutions and regulatory competencies, but which have teeming populations, are increasingly becoming targets of the exploitative and deliberately deceptive strategies of marketing by these profit- driven companies. Furthermore, Nigeria's health system remains inadequate and unable to cope with the scourge and the impending epidemic. A majority of smokers in Nigeria are illiterate, living in rural areas that hardly have sufficient facilities to treat tobacco related diseases. The major tertiary hospitals do not have the necessary interventions that are so important and needed timely. Consequently there is an urgent need to enact legislation to curb this preventable scourge, with appropriate modalities for holding the industry accountable for the injuries it causes.

WHO promoted the Framework Convention on Tobacco Control (FCTC) which is a model legislation that many health-conscious countries have signed and ratified, Nigeria is a signatory to the Convention and as such has an obligation to enact the required legislation controlling the distribution and consumption of tobacco products. It is further to our obligations under this Convention that I seek to introduce this legislation, with the range of restrictions and provisions therein.

Justification

Most western countries have enacted similar legislation, which has successfully diminished high smoking and exposure rates. Legislation, similar to the one at hand, is also known to have brought about significant tangible benefits for the health systems in those countries. Of the several efforts and initiatives worldwide, the most effective have been when lawmakers rise in unison to make the wide ranging provisions to control the adverse effect of tobacco, as contained in this Bill. The industry has been known only to change its behaviour when it is confronted with serious statutory provisions that regulate and control its operations. Further, some of the greatest success stories in tobacco control both legally and health-wise have been due to legislation, since they have had the singular effect of holding the industry accountable and responsible for the injuries it causes.

Tobacco is the only product that when used as designed by manufacturers will surely kill or harm the user. Legislation is required to compel tobacco manufacturers to take responsibility for their actions, to secure and safeguard our future by curbing the consumption by our youth and children and to ensure that our citizens remain healthy, in a smoke-free environment. In the absence of comprehensive legislation, Nigeria would be unable to either regulate the industry or protect our current and future generations from the hazards of tobacco consumption.

We do not only need to act, but we need to act urgently. Current statistics show that in Nigeria:

i) Smoking and exposure to smoke has gone up to 20% from 2% in the 1980's
ii) The smoking rate amongst young women under 18 has increased by over 16% in the last 10years.

iii) 90% of cocaine, hemp and other drug user begin such habits from smoking cigarettes.
iv) Most armed robbers, rapist and cultists admit to either smoking or using drugs before embarking on their nefarious activities.

The Tobacco industry has long deceived us into believing that smoking is a matter of choice. Most smokers picked the habit as children, from peer pressure or in school, all in a bid to 'belong'. Most countries in the world, inclusive of Nigeria, understand that persons under 18 are incapable of making informed choices, hence the age of voting, criminal responsibility and obtaining drivers license is pegged at 18 and above. From the health standpoint alone, the reality of escalation of tobacco consumption and its adverse effects in our midst is staggering. In Lagos State, reports from 11 of 26 public hospitals where research was conducted show that about 2 people die everyday from tobacco related diseases. The average tobacco related disease can take up to 20years to manifest. If what we are seeing now is alarming and only a result of past consumption, we cannot even begin to imagine what to expect in the future, now that smoking rates have increased dramatically. The time to act is now!

A sober consideration for us as Lawmakers is that it is not just a question of pro-activity when we pass this law; it is a constitutional duty and responsibility. Our Constitution mandates us, under its Chapter 11, The Fundamental Objectives and Directive Principles of State Policy, to enact laws to protect all vulnerable groups(including women and children), our communities the society and the environment.

We are grappling with many contending issues of priority at this stage of our development. We certainly need to provide leadership to our people and other parts of this Continent by creating a system where the tobacco industry can be compelled to submit to appropriate regulation and control.

GOAL OF THE BILL
Essentially the proposed Legislation, if supported, will succeed in providing a framework for the:


· Protection of the Nation's public health by enhancing public awareness of the hazards and dangers associated with tobacco use.
· Protection of young persons and others from the inducement to use tobacco and tobacco products and the consequent dependence on them by restricting access to tobacco.
· Protection of the rights and health of non-smokers, endangered through environmental tobacco smoke whilst also protecting the environment.
· Controlling and restricting the sale of tobacco in sticks and in public places.
· Providing effective warnings in graphics and languages spoken in Nigeria, such measures being most beneficial to the non-literate of our population.
· Restricting the promotion of tobacco products, adverts and sponsorship which particularly target minors and promote industry-funded awareness, campaigns and education.
· Affording us with the appropriate legal mechanisms to assist Government and injured persons to seek redress against the tobacco industry for injuries caused as a consequence of tobacco consumption.
· Making the profit-driven tobacco industry responsible and accountable for their activities, as they currently remain oblivious to the adverse effects and concerns that emanate from the consumption of its harmful products.


CONCLUSION

Our Constitution under Section 14 subsection 2(b) specifically states that
"the security and welfare of the people shall be the primary purpose of government".
If we passed this bill into law, we would have fulfilled a fundamental objective of government more so as responsive and responsible representatives of our constituents.

I thank you in anticipation of your most cherished support.




Sen. Olorunnimbe Mamora.

NIGERIA: THE HEALTH, ECONOMIC AND SOCIAL MENACE OF SMOKING - TIME FOR CONCERTED ACTIONS

Written by Dr Olusegun Fakoya
Saturday, 04 October 2008


From available information, it appears as if the Federal Capital Territory remains the only part of Nigeria conscious of the harmful effects of smoking. The recent prohibition of smoking in public places remains a commendable step but actions are still necessary to combat the monster called smoking. The Third World is further impoverished by the harmful effects of smoking on the health of the populace. The undeveloped economies of these nations can also not cope with the surge on the insufficient health facilities occasioned by the myriad of health-related problems induced by smoking. While the recent efforts of the Nigerian government, especially in recent times, remain commendable as regards some appreciation of the menace of smoking, however, all hands must be on deck to counter the resurgent ability of the super-rich tobacco industry. The ability of the tobacco industry to stage a come back was buttressed by the statement credited to the Minister of the Federal Capital Territory, that as a reaction to the recent ban on public smoking in the FCT, tobacco companies made unsolicited overtures to his office. There is no doubt that more concerted efforts are needed on the parts of the Federal and State governments to ensure that Nigeria becomes a smoke-free country. This is a position devoid of religious or other parochial overtones. It is simply borne out of the need to create a healthy nation that can aggressively tackle its myriad of socio-economic problems.

Epidemiological and Health Implications of Smoking
A habit, which at one time was considered fashionable and acceptable has been proven after many years of study and linkages with many ailments to be as deadly as the scorpion sting. Smoking is a universal problem, which though may have peculiar geographical approaches in terms of solutions, but yet remain one with universal determination in tackling. To date, no nation has ever admitted benefiting economically from smoking and hence the numerous efforts by nations in tackling this man-made monster. The United States Centre for Disease Control and Prevention describes tobacco use as "the single most important preventable risk to human health in developed countries and an important cause of premature death worldwide”. To further reinforce this view, let us consider the following facts about smoking:

- About 93 million sticks of cigarette are produced yearly in the country and every one of those cigarettes is consumed here in Nigeria.

- World Health Organisation (WHO) estimates that about 1.3 billion people in the world are currently smoking and most of them are in developing countries.

- Tobacco kills close to five million people yearly worldwide with over 70 percent occurring in developing countries including Nigeria. It is the cause of death of 17.7 per cent of all deaths in developed countries.

- By 2020, the World Health Organisation (WHO) expects the worldwide death toll from smoking to reach 10 million.

- Tobacco is responsible for over 25 diseases in man, including hypertension, heart attack, cancer and other conditions such as asthma, emphysema. It is also responsible for some pregnancy-related problems and other conditions such as tuberculosis, blindness, deafness and nutritional and psychological disorders.

- Tobacco kills 50 per cent of lifetime smokers and half of these deaths occur among people in their middle age (35-69years).

The extremely high tar content of the Nigerian tobacco was highlighted by the trio of Awotedu, Higenbottam and Onadeko in a study conducted in 1983 (J Epidemiology Community Health 1983; 37:218-20). It should be emphasised here that the dangers of smoking are directly proportional to the tar content of cigarettes. Tobacco smoke pollution has been classified as a known human carcinogen in the USA. Smoking harms nearly every organ of the body, causing many diseases and affecting the health of smokers in general. Smoking also harms people of all ages. For instance, toxic ingredients in cigarette smoke travel throughout the body, causing damages in several ways. Nicotine reaches the brain within 10 seconds after smoke is inhaled and it has been found in every part of the body, breast milk inclusive.

Smoking has been implicated in the following disease conditions or states:

Tooth Loss
Diabetes
Impotence
Stomach Ulcers
Ocular Histoplasmosis (Fungal Eye Infection)
Acute Necrotising Ulcerative Gingivitis (Gum Disease)
Hearing Loss
Osteoporosis
Duodenal Ulcer
Reduced Sperm Count
Dysmenorrhoea (Painful periods)
Early Menopause
Psoriasis
Colon polyps
Cataracts
Asthma
Reduced Fertility
Buerger’s Disease
Angina
Optic Neuropathy (Vision loss)
Premature wrinkling
Crohn’s Disease

This month (October 2008), Dr Julie Pasco of the University Of Australia, Melbourne published the outcome of a research that showed that smoking increases the risk of major depressive disorder by 93% in women who smoke, compared to those who do not smoke. The odds are said to more than double for those who smoke in excess of more than 20 cigarettes a day. Dr Pasco concluded: “It is becoming increasingly clear that smoking is not innocuous to mental health and may in fact aggravate mental illness or contribute to its onset”.

It is common practice for cigarette packets to carry warnings approved by health authorities but none ever lists the diseases caused by smoking. In appreciation of this significant deficiency, Reuters reported on Saturday 27 September, 2008 the efforts of the British authorities to further inform its populace on the dangers of smoking via warnings on packets. This report states as follows: “Gruesome pictures of rotting teeth and throat cancer tumours will appear on all tobacco products in Britain from next month as the government steps up its campaign to encourage the country's 10 million smokers to quit. The images will be printed on the back of cigarette packs to illustrate written health warnings introduced in 2003, the Department of Health said on Saturday. The photos also include a flaccid cigarette to depict male impotence and a comparison of healthy and tar-filled lungs”. The concerns of the British authorities are justified considering that
smoking is Britain's single killer, causing the premature death each year of 87,000 people in England alone.

The introduction of photo warnings was a desperate action by concerned governments over a habit that refused to abate despite numerous interventions. Canada was the first country to put photo warnings on cigarettes in 2001. In Europe, Belgium and Romania followed suit but Britain will be the first in the European Union. Britain intends to put photo warnings not only on cigarette packs, but also hand-rolling tobaccos and cigars. Britain is taking this extra step despite the ban on smoking in enclosed places imposed in July 2007.

Another positive action to combat the menace of smoking was the recent effort by the leaders of one of the most populous nations on earth. On the 2nd of October 2008, India became the latest country to take measured actions at combating smoking. A ban on public smoking came into effect nation-wide. The law aimed at fighting tobacco use which has been responsible for a fifth of all deaths in the world’s third-largest consumer of tobacco. India has nearly 240 million of tobacco users (more than the entire population of Nigeria). A fine of £2.00 was also imposed on those caught breaking the fan. A token penalty may be, but significant nevertheless.

The Nigerian Situation

In spite of the worldwide concerted efforts by concerned governments, Nigeria remains amongst nations that have expressed concerns but done precious little to tackle the blooming epidemic of smoking. As a nation, our indulgent attitude coupled with prevalent illiteracy has not really helped the situation. The smoking culture in Nigeria seems to be waxing stronger instead of waning. Our men still smoke blissfully, totally ignorant of the potential dangers. Another significant fact is the now prevalent attitude of our female folks to smoking. Without sounding chauvinistic, gone were the days when no decent woman dares smokes in the streets of Nigeria. These days, this is now a common place thing. Not on this, the disservice inherent in the attitude of the female actresses in our home made videos to smoke on the screen is frighteningly appalling. This is an antisocial act that calls for urgent curbing. This unwanted attitude gives erroneous glamorous air to the habit of smoking. It negates the efforts of the governments and concerned peoples of Nigeria to nip smoking in the bud.

Sam Olukoya’s report in one of the national dailies in January this year highlighted the enormity of the battle to contain smoking faced by the Nigerian society. It is a chilling reminder of the little impact of government’s efforts so far. He told the story of two Nigerian youths and their attitude to smoking vis-à-vis the warnings on cigarette packets relating the danger of this dreaded habit: “Taju Olaide (17) says that he was unaware of the warning because he is uneducated and therefore cannot read what is printed on the cigarette packs he buys. “I don't care about what they write on the cigarette packs because I cannot read. What is important to me is the cigarette inside the pack." Similarly, another

youngster, Uche Okeke, says that even though he has read the warning, he is not bothered by it. "I don't believe smoking cigarettes makes me liable to die young. Many old people who smoke are alive and well." These statements smacks of defiance and ignorance and no doubt, reflects the non-impact of the much orchestrated warnings on tobacco cigarettes in the country. Positions like this have forced the government to admit that the warning on cigarette packets have achieved nothing in fighting the tobacco surge.

The youth market gives Nigeria the unenviable tag of a veritable tobacco market in Africa. Statistics show that youths form over 40% of the Nigerian population and 18% of the youths smoke. This figure is actually on an upward spiral. Unless drastic steps are taken. Students in the Universities and Secondary schools are addicted to smoking while the primary schools are gradually being infiltrated. This development is of significant social concern and also portends dire economic consequences.

A strong determinant of the success of tobacco control in Africa is the need to have baseline information on tobacco on the continent. Anne-Maria Schryer-Roy, a Consultant with the African Tobacco Situational Analysis (ATSA) recently stated that little or no information exists on the continent to track progress on tobacco control activities in many sub-Saharan countries. This has led to dearth of sound information and evidence to assist policy makers in their efforts to effectively address country-level needs and implement a targeted tobacco control program. The two-year ATSA initiative is a partnership between IDRC (the International Development Research Centre) and the Bill and Melinda Gates Foundation.

Equally, Nigeria lacks baseline information on tobacco smoking pattern and attributes consequently making formulation and implementation of a national policy on tobacco difficult. To redress this situation, the Nigerian Heart Foundation (NHF) and the Nigeria Tobacco Control Alliance (NTCA) are to conduct a Nigerian Tobacco Situational Analysis (NTSA). The Executive Director of NHF, Dr. Kingsley Akinroye, said the situational analysis project was to Identify opportunities (short and long-term) to avert a tobacco epidemic in Nigeria, provide opportunities for support, provide information to support national and regional efforts for evidence-informed tobacco control and explore opportunities for strengthening collaboration among actors involved in tobacco control in Nigeria. The NTSA would also address presence of existing research, health policies and systems, infrastructure for tobacco control, the stakeholders for the tobacco control, government positions and the existence of tobacco control legislation amongst other issues. This NTSA has been endorsed by various stakeholders in the struggle for tobacco control as a step in the right direction.

It is pertinent to state that tobacco companies carry on their business in Nigeria as if their mere presence in the country is a privilege to the citizens. It is however, the view of Mr. Akinbode Oluwafemi, programme manager of ERA (Environmental Rights Action), that the product harms the national economy as costs far outweigh whatever benefits accrue to tobacco transnationals who are the beneficiaries of the tobacco trade. According to him, tobacco destroys national manpower, destroys the environment and also ruins social relationships. Although Nigeria has the Tobacco Smoking (Control) Act, Decree 20 of 1990, the Code of Advertising Practice (APCON), 1993 and APCON Resolution at its 89th meeting held on July 11, 2001, all these have not proved to be effective control mechanisms for tobacco control in Nigeria. A laudable development is the Framework Convention for Tobacco Control (FCTC) which was signed by Nigeria in June 2004 and ratified in October 2005.

The Nigerian Tobacco Market

British American Tobacco Nigeria (BAT) merged with the Nigerian Tobacco Company (NTC) in November 2000 to form the single largest tobacco company in Nigeria; it held a massive share of retail volume sales of cigarettes in 2005. The rest of the market is currently fragmented. Its dominance can be largely attributed to the popularity of its brands, which enjoy a long history in Nigeria, and its new factory, which has ensured a steady supply of its products to the market. Also, the company has embarked upon vigorous and creative marketing campaigns that have strengthened brand awareness and improved sales.

The Nigerian government welcomed tobacco investment and showed an active support for tobacco multinationals. BAT was granted a concessionary import duty that lasted until the end of 2003. Upon completion of the ultra-modern cigarette plant built by BAT in 2003, ex-President Olusegun Obasanjo described the US$150 million investment in Nigeria as a significant and trail-blazing initiative, which other investors should emulate. Perhaps to heed this call, in 2005, the Gallaher Group Plc and Japan Tobacco International (JTI) were registered to operate in Nigeria.

A significant portion of British American Tobacco is owned by the Swiss luxury group, Richemont, the family business empire of the South African billionaire Anton Rupert, who died in 2006.

The Enemy of the Nigerian nation

Mr. Lanre Oginni, Executive director, All-Nigerian Consumer Movement, stated that the tobacco industry has violated practically every article of the eight consumer rights, which were incorporated in the 1985 United Nations Guidelines for consumer protection and which were amended in 1999 to include sustainable consumption. He maintained that the tobacco business is a huge consumer fraud. He stated that those employed in tobacco factories or selling tobacco on the streets often earn starvation wages. Far from being rich from their vocation, many of those working in tobacco-related environment are facing multi-generational poverty compounded by illiteracy and poor health.
To illustrate the overtly conducive atmosphere for tobacco market in Nigeria which remains out of tune with global reality, the British American Tobacco (BAT) recently demanded tax waivers from the federal government. Additionally, BAT continues to explore areas not covered by the APCON directive or existing laws to advertise its products. Those areas include delivery vans, point of sale, traffic signs and umbrellas. It has continued to associate tobacco with arts, music, fashion, etc. It has also colour-coded all its brands in Nigeria that the colours speak for the products.
BAT has continued to demonstrate its willingness to exploit further loopholes (in its battle for survival) to continue to market its deadly products to identified target customers, especially the youths and the poor, further creating a vicious cycle of preventable deaths, diseases and poverty. It has continued to use its corporate social responsibility projects to hypnotise the public, creating confusion about the needs for tighter tobacco control.
Nigeria is in a race against a heartless and powerful tobacco conglomerate which admitted at the FCTC hearing in 2000 that: “‘we agree that smoking is addictive and causes diseases in smokers, but we do not have legal responsibility for those that claim they have been injured. We should not be responsible for their choices”. The onus thus lies on the federal government of Nigeria to be proactive in instituting measures aimed at protecting the populace.
Suggestions for Control
The situation calls for concerted and measured actions on the part of all Nigerians. The need for continued and sustained public health education on the dangers of smoking cannot be over-emphasised, especially with the prevalent ignorance exhibited by the critical segment of the Nigerian population. Other practical measures could include:
- Complete ban of advertisement, including points of sale.
- High taxes on cigarettes to discourage more people going into the venture.
- Protection of non-smokers from the often underestimated harmful effects of second-hand smoking.
- Expansion of smoke-free public places.
- Assistance to tobacco farmers to discourage the planting of tobacco.
- Assistance to pro-tobacco victims to ameliorate the resultant harmful effects of smoking.
- Provision of adequate support to states instituting litigations for damages.
- The domestication of the FCTC and passage of the draft National Tobacco Control Bill by the National Assembly. Effective enforcement of the said bill when passed into law is also imperative.

- Introduction of bold warnings that would up take no less than 30% of the space on cigarette wrappings. In particular, the introduction of photographic warnings showing cancerous growths caused by cigarettes as obtained in countries like Thailand, Brazil, Canada and lately Britain, will go a long way in making an informed decision on the part of (potential) smokers.

It is important to state that litigation remains the cornerstone of efforts to checkmate the tobacco industry excesses but this could only be achieved once necessary legislation framework is in place

It is also pertinent to state here that in 1998, 46 American states instituted a law suit against tobacco companies to recoup healthcare spending on tobacco-related illnesses. In a settlement, four tobacco companies agreed to pay $206-billion to the 46 states over 25 years and to cease advertising targeting youth. Since then, United States juries have awarded millions of dollars in damages against tobacco companies in compensation to Americans affected by smoking through death and disease. Since then, suits have followed in other countries, Nigeria being one.

The lawsuit filed by the Nigerian government was in conjunction with the civil society group Environmental Rights Action, the Nigerian affiliate of the environmental group Friends of the Earth. The suit, filed at a federal court in the capital, Abuja, is against big tobacco companies International Tobacco, Philip Morris, British American Tobacco, its Nigerian subsidiary British American Tobacco ( Nigeria) and the lobby group the Tobacco Institute. The suit seeks relief to regulate tobacco smoking, given the high number of under-aged children in what is Africa's most populous country. The government is also claiming $44-billion in compensation from the tobacco companies.

For Nigeria, the implication of unrestricted smoking environment is ominous as tobacco-related ailments take about 20 years to manifest. Thus the government should anticipate a huge epidemic of tobacco-related diseases in the coming years. The resultant strain on public healthcare would be enormous as the majority of these smokers are poor people who have no means to access treatment themselves. They will depend on the government to bear the cost. With the current pathetic state of our healthcare system, the impending chaos is best imagined. Perhaps, it is thus appropriate to suggest that at this juncture, an outright ban on smoking would be most relevant. This is probably the only effective way of forestalling the inevitable doom associated with our current kid-glove approach to the unimaginable disaster that smoking is.

This treatise is essentially a contribution in support of the numerous efforts by individuals and non-governmental organisations at achieving a smoke-free environment in Nigeria. It is principally directed at the general public, researchers and healthcare providers in Nigeria. Its goal is to touch on the health and socio-economic implications of smoking in Nigeria and efforts geared at achieving a smoke-free environment. I fully accept any shortcoming in this write-up.

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.



SOURCE

Introducing: Nigeria National Tobacco Control Bill 2009

The Nigeria tobacco control bill is a comprehensive law when passed to regulate the manufacturing, advertising distribution and consumption of tobacco products in Nigeria.

It is a bill that s aimed at domesticating the Framework Convection on Tobacco Control (FCTC) because Nigeria is a party to that international convention. The keys highlights of the bill are prohibition of smoking in public places; to include restaurant and bar, public transportation, schools, hospitals e.t.c. 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.