Court adjourns Tobacco’s case

By Kolade Adeyemi

Kano High Court presided over by Justice Wada Rano has again adjourned the case between the Kano State Government and British American Tobacco (BAT)Company to October 28 for its adoption of addresses in application filed by the parties involved.

When the case came up for hearing last Thursday, the judge dismissed the request of the company (defendant) to amend everything they had already filed in adherence to the prayers of the plaintiff counsel, Mr. Babatunde Irukere.

Irukere had earlier challenged the prayer of the counsel for the defendant for an amendment of what they had earlier filed, arguing it would create delays and frustrate the process of justice. In his submission, the plaintiff counsel argued that, discussing the service of process for the past two and half years is still dragging the case backwards, pointing out that the court has shown in its ruling that in the interest of justice and urgency, the court should expedite action so that the merit of the case could be seen.

Earlier, counsel for the defendants, Phillip Morris International SA, Ebun Sofunde (SAN) argued that they were ready to move any application, but disagreed that there was a difference between resolve and hearing, which was the bone of contention.

The parties resolved to correspond all applications and process within 45 days to allow the proper hearing of the case which was adjourned to October 28.

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Child Rights: Uwais’ Position on Tobacco Bill Faulted

Lawyer-Aides in the National Assembly (LANASS) has faulted the position of the wife of the former Chief Justice of Nigeria (CJN), Mrs. Maryam Uwais, to the effect that Chairman of Senate Committee on Health, Senator Iyabo Obasanjo-Bello, violated the rights of the young persons by not allowing them to present their position at the just concluded Public Hearing on the Tobacco Control Bill.

Uwais had reportedly sent a protest letter to the Senate President, Senator David Mark, on the purported breach of the rights of some secondary school students who had stormed the National Assembly to witness the public hearing.

The body, in a statement issued yesterday in Abuja, said that while Obasanjo-Bello based her decision on the provisions of the 1999 Constitution, Uwais had anchored her protest on the provisions of Section 3 of the Child Rights Act.

The Section reads: “The provisions in Chapter 1V of the Constitution of the Federal republic of Nigeria, 1999, or any successive constitutional provisions relating to fundamental rights, shall apply as if those provisions are expressly stated in this Act.” LANASS said, “From the above provision, it is clear for all purposes and intent that the drafters of the Child Rights Act made it subject to the constitution and besides, it is elementary that the basic law above all laws in every nation is its constitution.”

The group further poked a hole in Uwais’ argument that Section 39 of the 1999 Constitution which provides for the Right of Freedom of Expression of every Nigerian, including the secondary school students.

According to the body, “True, not limited by age but this Section and others-37, 38, 40 and 41, in Chapter 4 are limited by the Derogation Clause as provided in Section 45 (1) of the same Constitution.

“It reads thus: Nothing in Sections 36, 38, 39, 40 and 41 of this Constitution shall invalidate any law that is reasonably justifiable in a democratic society-(a) in the interest of defense, public safety, public order, public morality and public health; or (b) for the purposes of protecting the rights and freedom of other persons.”

The body said, “Sequel to that is the provision of Section 45 (1) (b) that such limitations on the above-named sections can be for the purpose of protecting the rights and freedom of other persons, which, predictably and for the test of reasonableness, is one of the reasons adduced by the Senator (Obasanjo-Bello) for her action that the young persons be refrained from public discussions on smoking for protectionist reasons.”

LANASS said that it could not agree more because “these young people are not even supposed to be found in places where such topics are being discussed, ab-initio.”

It observed that Uwais in her position cited Section 19 of the Child Rights Act with the footnote-“Responsibilities of a Child and Parent” but that she omitted to mention Section 20 with the footnote-“Parent, etc., to provide guidance with respect to Child’s Responsibilities.”

Accusing Uwais of insincerity for citing only Section 19 without taking it together with Section 20, LANASS argued that it is only when “both sections are read together as a whole that sufficient legal analysis of that part of the Act might have been done.”

The body also tackled Uwais for berating Obasanjo-Bello for purportedly misconstruing the Senate Committee Public hearing as a court.

According to the body, “: But unknown to most Nigerians, the senator was right and Mrs. Uwais, ironically, was the erring party. Court, as defined by Section 2 of the Evidence Act, is not restricted to a structure or building where judgments are pronounced but includes judges, magistrates and all persons empowered to take evidence except arbitrators.

“Since National Assembly Committees are empowered, by law, to take evidence, they could constitute what is a court, following the provisions of the Evidence Act. “Therefore, the Senator (Obasanjo-Bello) was accurate in her analogy; even if it appears she had no knowledge of the legal truth of her statements.”

Big Tobacco Sets Its Sights on Africa

- Jeffrey Kluger

It's easy enough to buy a smoke at Isa Yakubu's grocery store on a busy street in Lagos, Nigeria. Never mind if you don't have much money. Most local merchants are happy to break open a pack and sell cigarettes one at a time — single sticks, as they're known — for about 10 Nigerian naira, or 7 cents. "St. Moritz is the most popular brand," says Yakubu. "But [people] also like Rothmans and Benson & Hedges."
Single sticks go fast at 7 cents each — an especially good price point for kids. And while Yakubu says he doesn't sell to children, other shopkeepers do. About 25% of teens — some as young as 13 — use tobacco in some parts of Nigeria, double the smoking rate of Nigerian men, and many pick up the habit by age 11. That's a demographic powder keg, one that means big trouble if you're a health expert and big promise if you're a tobacco executive. Both sides agree on one thing, though: across all of Africa, cigarettes are set for boom times. (See pictures of vintage pro-smoking propaganda.)
In recent years, the world has increasingly been cleaving into two zones: smoking and nonsmoking. In the U.S. and other developed countries, Big Tobacco is in retreat, chased to the curbs by a combination of lawsuits, smoking bans, rising taxes and advertising restrictions. Fewer than 20% of adult Americans now smoke — the lowest rate since reliable records have been kept — and a tobacco crackdown is under way in Europe, Canada and elsewhere. In April, Congress boosted federal cigarette taxes threefold, from 32 cents a pack to $1. In June, President Barack Obama signed a law giving the FDA the power to regulate cigarettes like any other food or drug.
But the West is not the world, and elsewhere smoking is exploding. In China, 350 million adults are hooked on tobacco, which means the country has more smokers than the U.S. has people. Smoking rates in Indonesia have quintupled since 1970. In Russia, boys as young as 10 start lighting up. This year, tobacco companies will produce more than 5 trillion cigarettes — or 830 for every person on the planet.
It's in Africa, however, that the battle for the hearts, minds and lungs of new smokers is being waged most aggressively — and Nigeria offers a telling look at how the fight is unfolding. For all the woes that beset the continent, Africa still enjoys the lowest smoking rates in the world, largely because most people just can't afford it. In Ghana, the male smoking rate (which in most places in the world is higher than the female rate) is only 8%; in the Democratic Republic of Congo, it's 14%; in Nigeria, it's 12%. Compare that with 31% in India, 56% in Malaysia and a whopping 61% in China. But the tobacco industry abhors a vacuum, and in recent years, industry players — principally London-based British American Tobacco, Switzerland- based Philip Morris International and the U.K.'s Imperial Tobacco — have been working hard to fill it. "We've done this before," says Allan Brandt, a professor of the history of science at Harvard University and the author of The Cigarette Century. "When something gets regulated here, we move the risk offshore." Says Michael Eriksen, a former policy adviser for the Centers for Disease Control and Prevention: "Africa is in play." (See how many people smoke around the world.)
Spreading the ScourgeBig Tobacco's footprint in Africa has been hard to miss for a while. British American markets its wares — which include Dunhill and Pall Mall — in a vast crescent sweeping from South Africa to Congo and west to Ghana, as well as throughout North Africa. In 2003 the company planted its stakes deeper, building a $150 million factory in Nigeria. Philip Morris, whose brands include Marlboro and Chesterfield, has a smaller presence on the continent. "We are a minor, minor player," says spokesman Greg Prager. But that could change. The company does no business in Nigeria, but it controls about 15% of the market across North Africa and has a scattered 10% share elsewhere. It has also built a new factory in Senegal.
That expansion increasingly happens through the single-stick model, and that's the traffic that causes the most worry. People who buy cigarettes by the stick are typically the poor, the uneducated or the young — all groups less likely to have learned of the perils of smoking. "[A single stick is] much more affordable, and for young people, it's easier to conceal," says Babatunde Irukera, an antismoking lawyer working with the Nigerian government.
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Watch TIME's video "Au Revoir Cigarettes."
What's more, though British manufacturers, like American ones, put warnings on cigarette packs, the labels do no good if a pack is something you never see. Like other antismoking activists, Irukera believes industry actively promotes single-stick sales (which also occur in Asia, the Americas and elsewhere in the world). But the companies answer that the matter is out of their hands. Says British American spokeswoman Catherine Armstrong: "If retailers choose to break [packs] up and sell them one at a time — which I believe is very widespread across Africa — that's not something we have any involvement with." Still, the sticks are getting out, and the companies are cashing in. According to Emmanuel James-Odiase, an antitobacco counselor in Nigeria, more than 200 teens in his country begin smoking every day. (Read "Why a Tobacco Giant Backs a Tough New Antismoking Bill.")
Making it harder to contain those numbers is the fact that the same multinationals that are Africa's cigarette suppliers are also its benefactors. Tobacco companies have jumped into the corporate-social- responsibility game, doing all manner of benevolent work across Africa and Asia. In 2005, Philip Morris paid $5 billion to buy Indonesian cigarette-maker Sampoerna, a company that was already pouring money into scholarships for local students. British American does similar work in Malaysia, and in Nigeria has devoted 1% of its local profits to improving access to drinking water, health care and vaccines. That kind of largesse buys the companies a measure of indebtedness.
"It's hard to tell a village, 'You shouldn't accept these new wells or bicycles because it's from industry,' " says Stella Bialous, an adviser to the World Health Organization. "[But] when it comes time to pass regulatory things the company doesn't think reasonable, they can call in their chips. They have all these little groups dependent on their money."
In some cases, those "little groups" include the government. In 2007 the Nigerian Customs Service signed an agreement with British American to work jointly on curbing the unlicensed tobacco trade — which diverts profits from industry. The company courted the government two years earlier, with a three-day retreat at a local resort. "It's not the industry's job to be in charge of government policy," says Bialous.
But Nigeria and Africa as a whole are starting to push back. In 2003 the World Health Assembly adopted the Framework Convention on Tobacco Control, a treaty designed to attack smoking through a mix of methods including bans and tax hikes. So far, 164 countries have joined the pact, including 48 in Africa. The U.S. signed the treaty in 2004 but has yet to implement it, though the President is expected to seek Senate ratification soon, adding a very big player to the team.
If such antismoking strategies are to succeed, health experts warn that speed is essential. "The challenge for Africa is to adopt policies to reduce tobacco use before the epidemic sweeps across the continent," says Matthew Myers, president of the Campaign for Tobacco-Free Kids. To that end, Nigeria is taking a page from the West's playbook, filing a $45 billion damages suit against British American, Philip Morris and the domestic firm International Tobacco, alleging what Irukera calls a "clear strategy to market their products to young people." The tobacco companies deny the charge.
For all the efforts of the lawyers, doctors and treaty writers, it's at the grass roots that the fight against tobacco will be won. On a hot Friday afternoon not long ago, a group of students in blue-and-yellow uniforms gathered for a lecture at the Shepherd Secondary School in Ketu, a poor neighborhood in Lagos. "Have you seen anybody smoking on TV?" asks James-Odiase, the antitobacco counselor. The class nods, and one boy admits that he admires the way male actors look when they smoke. "With each puff he takes," the counselor warns, the actor's "life reduces by five seconds." The kids of Ketu — new to such things — gasp at that.
Later in the day, Salau Moshood, 17, reflects on what he's learned. "I heard today that smoking is not good, especially for children," he says. "My advice to the people is that they should stop." That advice may or may not be heeded, but health officials everywhere will count it as a win if Moshood himself and millions of other Africans never start.

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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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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.

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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

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

Link: 1

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.