Mohammed Lawal Shuaibu
7 November 2007
Abuja — Moves to clamp down on cigarette smoking in Nigeria climaxed yesterday with the Federal Government filing a N5.3trillion suit against British-American Tobacco Plc (BAT), Phillip Morris International and International Tobacco Limited over what it said was the damage that the companies' products caused to the health of Nigerian children over the years.
The government asked a Federal High Court in Abuja to compel tobacco companies to pay the hefty sum as compensation for the damage that cigarettes have caused to young Nigerians' health. Also sued were two affiliates of BAT, British American Tobacco [Nigeria] Limited and British-American Tobacco [Investment] Limited. In the suit filed by Attorney General of the Federation and Minister of Justice Michael Kaase Aondoakaa, the government wants the defendants to pay N136.3 billion as special damages for selling their products to under aged persons, another N4.8 trillion as preventive damages for future expenses to be incurred by the government in paying for the damage that cigarettes cause to public health, and N130 billion more as punitive damages.
The government is contending that tobacco-related products manufactured and sold by the companies are injurious to public health.
Government's counsel Mrs. Maryam Uwais said her client wanted a court order restraining the companies from advertising and selling their tobacco-related products to under-aged Nigerians. The government also asked the court to outlaw the sale and distribution of tobacco products in children's shopping areas, child care centres and other public areas where minors are predominantly located.
Specifically, government is seeking a court injunction compelling the companies and their agents to cease the marketing, promotion, distribution and sale of the products to minors and under-aged persons.
The plaintiff also asked for a court order restraining the defendants from representing or portraying to persons under the age of 18 years any alluring and misleading image regarding tobacco-related products
The government also wants to prohibit the sale and distribution of tobacco products within a kilometre radius from schools, hospitals, cinemas and playgrounds. The plaintiff wants all the defendants to look for a procedure by which a person's age could be verified at the selling point before their products are sold, so as to avoid selling them to the under-aged. .
The government sought an order of the court compelling the defendants to have tar and nicotine contents, addictiveness, relevant age bar requirement, and narcotic qualities of nicotine and the relevant mandatory health warnings prescribed by the Federal Ministry of Health. It also asked the court to compel the companies to sponsor public awareness campaigns on smoking and its health effects, especially the prospective ailment that might be attached to smoking.
The presiding judge, Justice Binta Nyako adjourned the case to November 19 for hearing. She ordered that BAT PLC and BAT Investments, which are based in England, as well as Philip Morris International, which is based in Switzerland, should be served with the court summons through courier companies before the next date of hearing.
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