Lagos — A Lagos High Court has dismissed three applications seeking to strike out the names of International Tobacco Company Limited, British American Tobacco Plc and British American Tobacco (investment) Limited from the $21 billion suit instituted by the Lagos State Government and Environmental Rights Action/Friends of the Earth, Nigeria (ERA/FoEN).

Ruling on the Notice of Preliminary Objection brought by the three defendants pursuant to Order 3 Rule 9 and Order 6 Rule 10 of the Lagos State [Civil Procedure] Rules 2004 and Section 98 and 99 of the Sheriffs and Civil Process Act. Cap 56, 2004, the trial judge, Justice Bukola Raliatu Adebiyi, held that the three tobacco companies are necessary parties to the suit and that their presence would be necessary to enable the court effectively and completely adjudicate on the suit.

The Judge said, "The court finds upon careful perusal of the Statement of Claim that the 3rd and 4th defendants are necessary parties to the suit as the presence will be necessary to enable the court effectively and completely adjudicate upon and settle all the questions in controversy.

" Following from the above reasoning, the court finds that the suit against the 2nd, 3rd and 4th defendants are not liable to be struck out. In accordance with the above findings the applications of the 2nd, 3rd, and 4th defendants fail in their entirety and are accordingly dismissed."

The defendants had in their applications sought an order of court setting aside the purported issuance of the Writ of Summons filed it relates to the 2nd, 3rd, and 4th defendants 2nd defendants respectively.

In addition they also sought for an order setting aside the service of the Writ of Summons and other processes filed in this Suit on them and for and for such further order(s) as the court may deem fit to make in the circumstances.

The suit was filed by the Attorney General of Lagos State, on behalf of the State Government and the Environmental Rights Action/Friends of the Earth, Nigeria.

The defendants in the suit are: British American Tobacco (Nigeria) Limited, International Tobacco Limited, British American Tobacco Plc, British American Tobacco (Investment) Limited, Philip Morris International, and the Tobacco Institute.

The suit is seeking extensive reliefs that intend to regulate tobacco smoking especially as it affects youth and under-aged smokers.

In their suit, the claimants are making the following allegations:

.That the defendants have recently admitted that tobacco smoking has severe health implications including but not limited to cancer, cardiovascular and pulmonary complications and that in spite of the obvious knowledge of the adverse effect of their product, the defendants have surreptitiously and fraudulently targeted young and under-aged persons in their advertising and marketing"

."That through the use of market surveys and sophisticated advertising, the defendants have utilized such means as music, cinema and fashion, to attract and addict young and underage persons into smoking."

."The mandatory health warnings inscribed on the pack is ineffective as the defendants promote a retail strategy of sale by the stick (the individual sticks that most consumers purchase have no such warning). This retail strategy is also a significant causal factor of youth smoking as it encourages easy access to the products."

."That on account of legal action, liability, and stricter control measures in the developed world such as the United States( where big tobacco companies and their lobby arms were mandated to pay compensatory damages of $260 billion to State Governments for public health costs).

."That the Defendants have turned their focus to the developing world with Nigeria being a top priority. While there is a significant decline in the smoking rates in the developed world with diminishing health concerns, in the developing world such as Nigeria, smoking increases at least by 20% annually. In Lagos, two (2) persons die daily in the government-run health facilities, from tobacco related diseases."

.An order of mandatory injunction compelling the defendants, their successors-in-title, privies and or agents to cease the marketing, promotion, distribution and sale of tobacco-related products to minors or under aged persons.

. An order of mandatory injunction restraining the Defendants from representing or portraying to minors or persons under the age of eighteen (18), any alluring and/ or misleading image regarding tobacco related products whether by direct depictions, pictorials, advertorials, images, words, messages, sponsorships, branding and/or through overt or covert and/or subliminal means; and

An order of Mandatory Injunction compelling the Defendants to publicly disclose, disseminate, and publish all research previously conducted directly or indirectly by themselves and their respective agents, parent or subsidiary companies, affiliates, servants, officers, directors, employees, and all persons acting in concert with or for them, that relates to the issue of smoking and health.