Uwais’ wife tackles Iyabo Obasanjo-Bello over tobacco bill

By Yusuf Alli

The wife of a former Chief Justice of Nigeria, Mrs. Maryam Uwais, yesterday faulted the Chairman of the Senate Committee on Health, Senator Iyabo Obasanjo-Bello, for barring school pupils from contributing to the debate on the National Tobacco Control Bill before the Senate.
She spoke through a protest letter to Senate President David Mark on the alleged prohibition of pupils from contributing to the bill on July 20 and 21.
The letter reads in part: "You may recall that a public hearing was held on the 20th and 21st of July on a proposed National Tobacco Control Bill, sponsored by Senator Olorunnimbe Mamora, which proceedings were held under the auspices of the Committee of Health, chaired by your good self.
"Several stakeholders, representing different organisations, interests and various jurisdictions of Nigeria participated in the hearing, which fact in itself, demonstrated the significance and timeliness of the contents of this very important piece of legislation.
"Being a member of the African Union Committee of Experts on the Rights and Welfare of the Child, I was delighted when I noticed that there were young persons (from a senior secondary school class, as I was made to understand) in the audience, who signified that they intended to contribute to the discussions at the hearing.
"To my consternation, however, they were roundly rejected by no other person than you.
" Indeed, you proceeded to state, four times, what your reasons were for puncturing their enthusiasm in such a dismissive manner, even though from the first time (and each time) you spoke to the issue, you ended your statement with ‘no more will be said on this matter’.
"You declined any observations or contributions on the issue from the floor (or indeed, as I noticed, from your distinguished colleagues), concluding that you were correct in your assertions that pupils could not be permitted to participate in the discussions on the merits and demerits of the provisions of that bill.
"Your reasons, if I may recall, were that you were a mother yourself, and so felt the need to ‘protect’ children.
"You stated that you would not allow children to be ‘used’ or ‘paraded’ before the committee; and that even in the law courts, the evidence of a child would need to be corroborated during a trial.
"Besides, in your view, since adults were present and knew what the issues were, there was absolutely no need for a person under the age of 18 to participate in the proceedings.
"To further support your assertions, you added that at hearings in the Senate, persons who intended to contribute could be compelled to swear oaths on the scriptures relevant to their faiths, which in your understanding, was another excuse for denying them the right to be heard on an issue that concerns them.
"In conclusion, you mentioned that the Child Rights Act did not allow for children to speak at such forum. I am constrained to join issues with you on your position, even because your assertions run contrary to known laws, norms and emerging trends when it comes to children and young persons, their freedom to express themselves and their participation in matters that concern them.
"The unfortunate statement that those young persons were ‘brought along’ to the hearing for the purposes of being ‘used’ or ‘paraded’ was presumptuous, to say the least, as they certainly did not look like they were coerced, uncomfortable or were present in the hearing room against their wishes.
But I will not say more on this point, as it would only distract from the aim of this letter.
"The Constitution of the Federal Republic of Nigeria guarantees every citizen, children inclusive, their freedom of expression under Section 39.
"The Constitution certainly does not preclude children from the enjoyment of this fundamental right, as I am certain you would agree that children are also persons. Indeed, the Child Rights Act, 2003, fortifies this position clearly by its Section 3.
"Moreover, S. 19 of this same Child Rights Act, 2003, categorically provides that:
(1) ‘Every child has responsibilities towards his family and society, the Federal Republic of Nigeria and other legalised communities, nationally and internationally. These responsibilities include, under (2) (c) & (d), placing his or her physical and intellectual abilities at the service of the Federal Republic of Nigeria, contributing to the moral well-being of the society and respecting the ideals of democracy, freedom, equality, humaneness, honesty and justice for all persons.’
"About 200 child rights clubs have been established all over the country, to promote representation, association and participation by building children’s capacities and competencies. This, it is hoped, would enable them act effectively as peer educators and would further boost their confidence and self-esteem preparatory to holding the sundry responsibilities of citizenship and adulthood. Children’s views on national issues have been encouraged through debates, essay competitions and art exhibitions, while special events and programs have been designed and supported by the Government, all with the aim of ensuring their effective participation in National life.
"Children and young persons have been involved in many governmental and non-governmental activities, including the promotion of the awareness of HIV/AIDS, reproductive health and the development of life skills among adolescents, while the electronic and print media have created specific spaces for children to express themselves.
None of the aforementioned efforts are considered harmful exposure, neither has any organisation or government body which involves children in its constructive activities, been accused of ‘parading’ children in pursuance of some unsubstantiated motive."
On oath taking, Mrs. Uwais said: "As a senator, you do know that a public hearing is an opportunity for interested stakeholders to participate in the business of lawmaking, even so that laws are made with input from those in whose interests the laws are made.
"A public hearing is, therefore, not a court of law, as you so strenuously sought to affirm. Indeed, heavy weather was made of proceedings relating to children in a courtroom, which points were not quite clear, despite your repeated references to that scenario.

SOURCE

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

Perspectives: Public Hearing of the Nigerian Tobacco Control Bill 2009

Nigeria's tobacco lobby fumes over anti-tobacco bill

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British American Tobacco Nigeria and the Manufacturers Association of Nigeria on Tuesday expressed their opposition to a proposed anti-tobacco bill to be discussed in parliament.
The bill seeks to ban smoking in public places and forbids persons under the age of 18 to sell and buy tobacco products.
The proposed law, which would amend the 1990 Tobacco Control Laws of Nigeria, also forbids communication between the manufacturers and consumers.
The bill, if passed into law, "will force legal tobacco companies out of business because they will be forced to shut down their operations", a representative of British American Tobacco Nigeria (BATN), Tony Okwoju, told a public hearing, organised by the senate committee on health.
He said that certain provisions in the bill were "either extreme and would have unintended consequences or will only make it difficult or impossible for the legal industry to operate without necessarily achieving the desired objective of reducing the impact of tobacco on public health".
"The effect of passing a law that is not adequately considered is that it will undermine its own intentions by placing tobacco outside of the control of the regulator, thereby leaving those who continue to smoke at the mercy of smugglers," said Okwoju.
BATN, a subsidiary of the British American Tobacco group, locally produces international brands such as Benson and Hedges, Rothmans, St. Moritz, Dunhill, London Kingsize and Consulate.
A representative of Manufacturers Association of Nigeria (MAN), Segun Kadri, said that manufacturers were opposed to the bill because it allegedly ignored the positive contribution of tobacco firms to the society.
"MAN is of the strong view that the senate should handle this bill with the necessary caution it deserves in order not to send a wrong signal to potential Foreign Direct Investment (FDI) in other sectors of the economy," Kadri said.
A member of the senate committee, Kamorudeen Adedibu, said that the National Tobacco Control Bill (2009) will run down the tobacco companies and result in unemployment in the country.
But some local civil society groups expressed support for the bill and called for is speedy passage because of the health hazards tobacco-smoking poses.
A suit filed by the Nigerian government against tobacco companies operating in the country to seek damages for health hazards is pending in court.

BATN Backs Tobacco Control Bill

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British American Tobacco of Nigeria (BATN) pledged on Tuesday to comply with a new legislation that seeks to control tobacco use in the country when it becomes operational.
BATN Area Head of Regional Affairs, Tony Okwoju, made the pledge before the Senate Committee on Health headed by Iyabo Obasanjo-Bello.
The committee concluded its two-day public hearing on a bill to enact National Tobacco Control at Tuesday's sitting.
Okwoju said in addition to paying N80 billion tax, the company in 2002 established the BATN Foundation which to date has completed 77 community projects in 34 of the 36 states in Nigeria.
On the proposed bill, Okwoju explained that much as it supported the enactment of the bill, there were areas that create real concerns.
"There are provisions in the bill, which we believe are either extreme and would have unintended consequences or will only make it difficult or impossible for the legal industry to operate, without necessarily achieving the desired objective 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", he said, adding: "we believe every law should be crafted in a manner that will ensure that the desired results are achieved.
"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".
He told the committee that the company is not a criminal organization, adding that a thorough amendment of the bill would ensure it avoids negative consequences.

Proposed Nigerian Smoking Ban Angers Pro-Tobacco Lobby

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The pro-tobacco lobby has come out strong against a proposed anti-tobacco bill to be discussed in the Nigerian parliament. The lobbyists include British American Tobacco Nigeria and the Manufacturers Association of Nigeria.
The bill seeks to ban smoking in public places and forbids persons under the age of 18 to sell and buy tobacco products. The proposed law, which would amend the 1990 Tobacco Control Laws of Nigeria, also forbids communication between the manufacturers and consumers.

The bill, if passed into law, "will force legal tobacco companies out of business because they will be forced to shut down their operations", a representative of British American Tobacco Nigeria (BATN), Tony Okwoju, told a public hearing, organised by the senate committee on health.

He said that certain provisions in the bill were "either extreme and would have unintended consequences or will only make it difficult or impossible for the legal industry to operate without necessarily achieving the desired objective of reducing the impact of tobacco on public health". "The effect of passing a law that is not adequately considered is that it will undermine its own intentions by placing tobacco outside of the control of the regulator, thereby leaving those who continue to smoke at the mercy of smugglers," said Okwoju. BATN, a subsidiary of the British American Tobacco group, locally produces international brands such as Benson and Hedges, Rothmans, St. Moritz, Dunhill, London Kingsize and Consulate.

A representative of Manufacturers Association of Nigeria (MAN), Segun Kadri, said that manufacturers were opposed to the bill because it allegedly ignored the positive contribution of tobacco firms to the society. "MAN is of the strong view that the senate should handle this bill with the necessary caution it deserves in order not to send a wrong signal to potential Foreign Direct Investment (FDI) in other sectors of the economy," Kadri said.
A member of the senate committee, Kamorudeen Adedibu, said that the National Tobacco Control Bill (2009) will run down the tobacco companies and result in unemployment in the country. But some local civil society groups expressed support for the bill and called for is speedy passage because of the health hazards tobacco-smoking poses. A suit filed by the Nigerian government against tobacco companies operating in the country to seek damages for health hazards is pending in court.

FG To Lose N10bn Yearly Over Tobacco Ban
-Stanley Yakubu

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Leading tobacco manufacturers in the country, the British American Tobacco (BAT) has declared that the Federal Government stands to lose about N10 billion annually as revenue accruable to it should it succumb to pressures that a ban be placed on cigarettes production in Nigeria.
Presenting BAT’s position on the National Tobacco Control Bill at a public hearing organised by the Senate Committee on Health, the Area Head of Regulatory Affairs, Tony Okwoju, said the company remits tax of about N10 billion every year to government.
According to him, "Since 2001, British American Tobacco Nigeria has paid over N80 billion in taxes to government."
Mr. Okwoju said about 400,000 people stand to lose their sources of livelihood saying, "The company currently employs over 850 people directly and another 1700 indirectly. It also contributes to the livelihood of over 350 thousand people, including farmers, distributors and their employees, suppliers and retailers amongst others."
While expressing support for regulation of tobacco usage in the country due to health hazards, BAT said it does not support a section of the proposed tobacco bill which seeks to make process of litigation against tobacco companies easier.
"Altering and undermining established rules of evidence to make it easier for anybody to win lawsuits against the tobacco industry will not reduce the health impact of tobacco. It will force legal tobacco companies out of business," Okwoju said.
The company said such would lead to job losses and would not stop circulation of tobacco products in the country saying, "The vacuum created by the exit of legal companies will promptly be filled by smugglers."
In their presentation Association of Tobacco Farmers from Oke-Ogun in Oyo State called on the Senate Committee to halt plans to ban cigarettes smoking in the country because "We don't have any other means of livelihood than tobacco farming."
But in its presentation, Environmental Rights Action/Friends of the Earth said refusal to ban tobacco usage in the country would lead to death of about 5.4 million people annually.
"Tobacco currently kills over 5.4 million people yearly, about 70 percent of that casualty occurs in developing countries like Nigeria," the Friends of Earth said.
The National Tobacco Control Bill before the Senate seeks to among several other issues prohibit smoking of cigarettes in public places, ban sales to minors as well as create a frame work for legal action against tobacco industries in case of health hazards.
The non governmental organisation said tobacco manufacturers such as BAT were forced out of developed countries by stringent tobacco control laws forcing them to relocate to developing countries.

Senate denies bribery allegation on tobacco law

BY ABDUL-RAHMAN ABUBAKAR & TURAKI A. HASSAN

No senator has been bribed to influence the passage or otherwise of the National Tobacco Control Bill, Senate President David Mark said yesterday while declaring the public hearing on the bill open.

Senator Mark said the issue of checking cigarette smoking was contentious as there are global lobbyists for ban of tobacco smoking as there are also organisations against the ban saying, "I have heard all sorts of stories about lobbyists trying to see that the public hearing does not go on, or that lobbyists insist that the public hearing must go on.

We must begin to accept that our legislators are patriotic Nigerians they don't need to take money in any form to do anything at all. There is too much rumour in the air, rumour based on nothing absolutely.

If you have a strong case, make your case, when you fail to make your case then you go with the excuse that people have been bribed that that has happened nobody is going to bribe anybody on any bill that will come before the Senate or the House of Representatives any bill that comes here will pass through the normal process."

The Senate President expressed reservation on the bill saying "I will remain neutral on this bill because the two key issues are health versus economy. How many jobs can we provide from the tobacco industry? How many people are going to lose their jobs now if the tobacco industries are not able to produce in this country? More importantly, if the tobacco Industries here close down, will it stop Nigerians from smoking? There are so many issues that have to be considered. Trying to stop Nigerians from smoking is one thing, getting the industry going so that people can be gainfully employed is another thing."

Several speakers at the hearing including tobacco farmers, host communities of tobacco companies as well as business organisations expressed fears that placing ban on the industry will create unemployment and adversely affect the economy.

But in his presentation, representative of the World Health Organisation (WHO), Dr. Soyinka said the industry has impacted negatively on the health of the nation and has adversely affected the economy through spread of diseases.

‘6.5 million Nigerians may die from tobacco addiction’

By Inalegwu Shaibu

ABUJA — The Senate Committee on Health, yesterday, heard that an estimated 6.5 million Nigerians are on death row due to tobacco addiction.

This figure was given by Mr. Aknibode Oluwafemi, Programme Manager of Environmental Rights Actions/Friends of the Earth in a presentation to the Senate Committee on Health at the two-day public hearing on the bill to amend the National Tobacco Control Act, in Abuja.

Oluwafemi also told the Committee that the result of study conducted in Abuja, Lagos, Kano and Ibadan had shown an increase in number of youth smokers to alarming 26 per cent, saying two people die every day in Lagos from tobacco related diseases.

He said: "The National Control Bill is a bold step towards addressing tobacco use and its attendant's health, social, economic and environmental cost. Adult smoking rate in Nigeria is put at 17 per cent."

Earlier in her remark, Chairman of the Committee, Senator Iyabo Obasanjo-Bello, stressed on the need to regulate tobacco smoking in Nigeria due to its harmful effect on the health on Nigerians.

She said" "There is no doubt right now about the health effects of tobacco. I think that the world has come to a consensus that we can all agree that there is some detrimental health effects of tobacco and it took a long time for the world to get to this point.

35m Nigerians may die smoking

By MOSHOOD ADEBAYO

The health implications of smoking have been reiterated with the World Health Organization (WHO) putting the number of Nigerians that are likely to die from tobacco-related diseases in the next 10 years at 35 million.

Since 1962, there have been damning reports about the health hazards of smoking. For example, the Royal College of Physicians attributes cigarette smoking to cause lung cancer and bronchitis.
According to the College, cigarette smoking is the most likely cause of the recent world-wide increase in deaths from lung cancer."
This was the submission of the counsel to the Ogun State Government, Barrister Bashir Ramon during a one-day enlightenment workshop by the Environmental Rights Action and the Coalition Against Tobacco in Abeokuta.

He spoke just as participants at the workshop commended the state government for litigation against tobacco companies in Nigeria.
Quoting from the WHO, Barrister Ramon also disclosed that 175 million people in the world may also die as a result of related diseases.

"It is alarming, sad and must be prevented. With 175 million people in the world who may likely die of the same related diseases, our government should not fold her arms and allow the havoc to continue," he said.
He also told participants that out of four Africans, there is a Nigerian, meaning that in the total population of Africans; (175 million), Nigeria has one quarter of it. "If you look at this, you would discover that Nigeria has a greater number of people facing the terrible effect of tobacco smoking," he noted.
Shedding light on why the state government had gone to court, Ramon said: "We are not in court for monetary sake. We are in court for the betterment of our people and future of our young ones who are innocently smoking their future."

"Our prayers in the court are that tobacco products are injurious to human health. We are also praying the High Court to stop tobacco companies from advertising and selling their products to the youths in the country".
Explaining further, he said: "Monetary relieve is divided into various strata. The state government is seeking relieve for the expenses she has incurred in the past 20 years and the expenses they are likely to incur in the next 20 years.

"The fact before us shows that they have less than 1000 Nigerian employees. When you consider the population of Nigerians, which is conservatively put at 140 million. Unfortunately, this marginal figure would be producing a product that would affect the lives of over 140 million people. It is sad. It not reasonable"

Ban on tobacco: Senators to vote by name, says Mark

Ayodele Adegbuyi

Senate President, David Mark, has said that when the decision on whether to ban tobacco smoking would be taken at plenary, "every senator will vote... by name."
Mark, who declared open a two-day public hearing on the amendment of Tobacco Control Act 1990, also said that the vote of senators will depend on where each stands between health and economy.
He, however, noted that there was intense pressure from either side, but cautioned those allegedly spreading the rumour that the legislators might have been gratified to sway their vote on the bill.
He said: "Every senator will answer his name. It is not a Bill to be decided by voice vote. Everybody will be made to say 'yes' or 'no' so that the pubic will know where we stand on topical issues like this.
"For a serious bill like this to go through the next reading, people will have to really say where they stand.
"We stand between health and economy that is the truth of the matter. People who are against it are worried about the impact on the health of Nigerians and people who are for it are saying well, the nation stands to benefit from it. The simple question is, 'when do you begin to worry about economy is it when you are dead or when you are alive? And we have to take that decision.
"For me, I am very neutral in this exercise, absolutely neural, and thank God, I don't vote. But the fact remains that all over the world, there appears to be some level of resistance against smoking and people are told in very clear terms that if they do, they take a personal risk.
" Of course, individuals have a right to do what they want. But whether an individual has a right to do something that will affect his life and at the end lead to death is another.
"I admit that there are strong lobbyists on both sides. No doubt about that. The manufacturers are lobbying, likewise those who are against it.
"There are so many things to be considered. Trying to stop Nigerians from smoking is one thing, getting the industry going so that people can be gainfully employed is another thing."