Kano accuses tobacco firms of delay tactics over suit

- Adamu Abuh

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

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

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

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

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

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

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

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

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

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

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

SOURCE

Health minister declares war on tobacco

By AZOMA CHIKWE

Following frightening statistics which indicateas that Tobacco is the leading preventable cause of deaths in the world which puts more than five million people on the death row every year, surpassing HIV/AIDS, Malaria and Tuberculosis combined, the Minister of Health, Professor Babatunde Osotimehin, has declared war on tobacco.

Further to this, he has called for strong vigilance against tobacco companies, who he said portends more danger to people than any other killer item.

The minister gave the indication in Abuja during the celebration of the 2009 World no Tobacco Day. He called upon persons who smoke, snuff, chew tobacco, or uses it in any other manner to use the World No Tobacco Day to reflect on their actions and desist from doing so considering the health risks associated with tobacco use and the disease and preventable death it causes.

Osotimehin lamented the unscrupulous ploy of the tobacco industries who are continuously guided by profit motive to put the lives of people on danger. “Tobacco companies spend tens of millions of dollars every year turning new users into addicts and keeping current users from quitting” said The Minister. Adding that, through advertising and promotional campaigns, including the use of carefully crafted package designs, the tobacco industry continue to diver attention from the deadly effects of its products.

He emphasized that tobacco is the only legal consumer product that kills one third to one half of those who use it as intended by its manufacturers, with its victims dying on average 15 years prematurely. Professor Osotimehin estimated that half the people that smoke today (about 650 million people) will eventually die of tobacco related diseases with 40% from Cancer, 35% from heart disease and stroke, 25% from lung diseases.

Revealing further that “every cigarette smoked takes 7 minutes off a smokers’ life and some one die from tobacco related ailment every 8 seconds”.Osotimehin called on other states of the federation to adopt the FCT Administration’s ban on tobacco smoking in public places in the FCT.The minister used this years’ World no Tobacco Day entitled “Tobacco Health Warning” to announce the ministry’s introduction of Tobacco free club in secondary schools, integration of harmful effects of tobacco into PHC services, and cessation programmes in all tertiary health institutions and PHC catchments sites in Nigeria.

SOURCE

"My dad is the reason I can never smoke or marry somebody who smokes" - Uche Jombo

" My dad died at 57 but he smoked actively for 35 yearsMy father’s death is something I don’t want to talk about (sobbing). My dad is the reason I can never smoke or marry somebody who smokes. I don’t want to talk about my dad (crying). My dad didn’t die by accident. He died of bronchitis. That is what you get when you smoke for too long. He lungs were infected. In this industry, most people feel they have to smoke to be hip.I was shocked when someone called me to say they wrote that I smoke. I had a good laugh. I could do any other thing but smoking is something I will never do because it killed my dad. Those close to me that smoke don’t feel comfortable doing it around me. Smoking is not something people can give up for you. My dad was still smoking while undergoing treatment because it was an addiction. My dad died at 57 but he smoked actively for 35 years. The man smoked a major part of his life. I always argued with him not to smoke. If you presented your reasons against smoking, he would tell you he had been smoking before you were born."

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.

ERA commemorates World No Tobacco Day 2009

Environmental Right Action/Friends of the Earth (ERA/FOEI) commemorates the WNTD 2009 with the theme "Tobacco Health Warnings". This is as appear on packs of cigarettes and believed to be the strongest defences against the global epidemic of tobacco.

According to Akinbode Oluwafemi, Programme Manager, ERA/FOEI, "the WNTD 2009 focuses on the importance of using graphic images on cigarette packaging to aggressively discourage smoking. Nigeria is a signatory to the WHO Framework Convention on Tobacco Control and therefore cannot remain indifference while other signatory countries are adopting pictorial warnings to save lives. Picture-based health warnings on tobacco packages have been found to work in countries like Canada, Brazil, Singapore and Thailand. The 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. This according to him contrast with the glamorous cigarette packaging on display in Nigeria.

The WHO Framework Convention on Tobacco Control obligates its more than 160 countries parties to require "health warnings describing the harmful effects of tobacco use" on packs of tobacco and their outside packaging and recommends that the warnings contain pictures. On World No Tobacco Day 2009, and throughout the following year, WHO through its Tobacco Free Initiative department represented by various anti-tobacco NGOs in 160 countries will encourage their governments to adopt tobacco health warnings that meet all the criteria for maximal effectiveness, including that they cover more than half of the pack, appear on both the front and back of the pack and contain pictures.

Adeola Akinremi, African Regional Coordinator, Framework Convention Alliance (FCA) speaking on the occassion insists that, "Nigeria must act now as a mark of respect for International Agreement contained under Article 11 of the FCTC, in which parties agree to require all packages of tobacco products to carry Pictorial health warnings describing the harmful effects of tobacco use, or other appropriate messages. This information "should be 50percent or more of the principal display areas but shall be no less than 30percent of the display. He explains "principal display areas" as the front and the back of most cigarette packs. “We are aware the Nigeria Senate is under pressure from British American Tobacco (BAT) and other tobacco companies over the current Tobacco control Bill before its health committee, but we urge the Senate to keep to its promise to legislate to protect its citizens. ” He added.



Campaign materials for World No Tobacco Day 2009, including posters, flyers, stickers, mouse pads, fact sheets, graphs, and a 24-page brochure, are available for free download from the World Health Organization

Gombe files N591 billion suit against tobacco companies

By Auwal Ahmad,


THE Gombe State government has dragged five tobacco companies before the Gombe State High Court on charges that they have been targeting minors with their products in the state in the last 20 years with a view to making them addicts.
In the suit before a high court judge, Abdul Hamed Yusuf, the state government is demanding N591 billion from British American Tobacco (Nigeria) Ltd, International Tobacco Limited, British America Tobacco Plc, British America Tobacco (Investment) Ltd, and Philip Morris International.
It is one of several class action suits filed by some states and the Federal Government against tobacco companies operating in the country.
Gombe is asking for N10.1 billion as special damages for negligence, N521 billion as anticipatory damages for future expenses, N50 billion as punitive damage for wrongful conducts and N10 billion as restitution and disgorgement of profit for unjust enrichment.
The case has been adjourned to July 2, 2009 to allow the plaintiff serve all the parties in the suit.
Counsel to the state government, Babatunde Irukera, had prayed the court to grant him four weeks to allow his clients conclude the process of service on all defendants.
Irukera said: "The plaintiff is diligently pursuing service to all the defendants with the help of the ministry. We would, however, pray for an additional four weeks in order to conclude service to all the parties."
The four defendants present in court raised no objections to the application. But the fourth defendant asked the court to be allowed to file a written application on preliminary objections, a request rejected by Yusuf because all the defendants have not been served and not fully represented in court.
Speaking with The Guardian at the court premises, Mr. Akinbode Oluwafemi of the Environmental Rights Action/Friend of the Earth Nigeria said they were in court to show support for the Gombe State government in the case.
His words: "We are very much in support of this suit. Over the years, we have seen that the tobacco industry cannot be trusted, so there is need for strict control of the manufacturing and sale of cigarettes in this country."
Also, Co-ordinator, Coalition Against Tobacco (CAT), Toyosi Onaolapo, upbraided the tobacco companies for alleged targeting young Nigerians to make cigarette addicts out of them.

SOURCE: Guardian News


Gombe files N591bn suit against tobacco companies
By - Ishola Michael

Gombe State government has dragged five tobacco companies before the Gombe State High Court on the allegation that they have been targeting and addicting minors in the state for the past 20 years.
In the suit filed before Justice Abdul Hamed Yusuf, the state government is demanding the sum of N591 billion from British American Tobacco (Nigeria) Ltd, International Tobacco Limited, British America Tobacco Plc, British America Tobacco (Investment) Ltd, and Philip Morris International in a suit number GM/177/208.
The suit is one of the several suits filed by several states and the Federal Government against tobacco manufacturers operating in the country.
Gombe is asking for N10.1 billion as special damages for negligence, N521 billion as anticipatory damages for future expenses, N50 billion as punitive damage for wrongful conducts and N10 billion as restitution and disgorgement of profit for unjust enrichment.

SOURCE: Nigeria Tribune

Gombe State government has dragged five tobacco companies before the state High Court, on the allegation that they have been targeting and addicting minors in the state for the past 20 years.

Sitting before Justice Abdul Hamed Yusuf, the state government is demanding N591 billion from British American Tobacco (Nigeria) Ltd, International Tobacco Limited, British America Tobacco PLC, British America Tobacco (Investment) Ltd, and Philip Morris International, in suit number GM/177/208. The suit is one of several class action suits filed by several states and the Federal Government against tobacco manufacturers operating in the country.

Gombe is asking for N10.1 billion as special damages for negligence, N521 billion as anticipatory damages for future expenses, N50 billion as punitive damage for wrongful conducts and N10 billion as restitution and disgorgement of profit for unjust enrichment.

Speaking to newsmen at the court premises, Akinbode Oluwafemi of the Environmental Rights Action/Friend of the Earth Nigeria, said they were in court to reiterate support for Gombe State government in the case.“We are very much in support of this suit. Over the years, we have seen that the tobacco industry cannot be trusted, so there is need for strict control of manufacturing and sale of cigarettes in this country," he added.

Also speaking, Coordinator, Coalition Against Tobacco (CAT), Toyosi Onaolapo, berated the tobacco companies for deliberately targeting young people, in order to make them addictive.

SOURCE: Thisday Newspaper Tradingmarket

NGO rejects Oyo gov‘s threats over BATN

By Agency Reporters
Wednesday, 27 May 2009

A Non-Governmental Organisation, Journalists for Health and Environment, has rejected threats by the Oyo State Governor, Otunba Adebayo Alao-Akala, to oppose any attempt to close down British-American Tobacco Nigeria through the anti-tobacco bill currently before the National Assembly.

Tribunal commences trial of Amosun’s petition against Daniel
The Election Petitions Tribunal, sitting in Abeokuta, on Wednesday, commenced the trial of the petition filed by the governorship candidate of the All Nigeria Peoples Party in the April 2007 election in Ogun State, Senator Ibikunle Amosun, against the declaration of Otunba Gbenga Daniel of the Peoples Democratic Party as the winner of the poll.
At the preliminary hearing of the case on Monday, the Justice Suleiman Ambrusa-led panel granted the prayer of the Independent National Electoral Commission to remove the names of the fourth to 259th witnesses from the petition.
The affected witnesses, according to INEC’s counsel, Mr. Oluyele Delano, who were electoral officers, were expected to be joined individually. Ambrusa had promised that the case would be given accelerated hearing from Monday to Thursday.
PDP chieftain criticises Obi over Aguata erosion site collapse
A chieftain of the Peoples Democratic Party in Anambra State, Dr. Alex Obiogbolu, has blamed the recent partial collapse of the Umuchiama-Ekwuluobia erosion control project on lapses by the state government.
Obiogbolu said in Onitsha on Wednesday that the project had been doomed to fail from the outset, as due consideration was not given to the specialised nature of the job. He said the job called for expertise in its execution.
The site is a key environmental project of the Anambra State Government to check the increasing menace of gully erosion in Aguata and Anaocha local government areas.
NLF tackles Nigerian mission, UK over May 29 symposium
The Nigeria Liberty Forum has accused the British government and the Nigerian High Commission in London of planning to stop its May 29 symposium titled, ”State of the Nigerian Nation.”
The symposium, which is scheduled for Friday at the London Metropolitan University, London is expected to be addressed by the former Chairman, Economic and Financial Crimes Commission, Mallam Nuhu Ribadu; Nobel Laureate, Prof. Wole Soyinka; former member of the House of Representatives, Prof. Sola Adeyeye; and Jean Lambert of the British Green Party.
The NLF said in a statement sent by email that the Nigerian mission held a meeting with officials of the LMU on Tuesday to try and convince them to cancel the booking for the event. It alleged that the move failed because it was able to meet the deadline for the payment of a high fee for the use of its facilities for the programme.
The NLF is a Nigerian pressure group, which organised the picketing of President Umaru Yar‘Adua last year in London and his predecessor, Chief Olusegun Obasanjo, in March.