The Defendants in the suit with Suit No: LD/ 524/ 2007, 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 Claimants’ claim is based on the following allegations:

1.    The Defendants have recently admitted that tobacco smoking has severe health implications including but not limited to Cancer, Cardiovascular and Pulmonary complications;

2.    In spite of the obvious knowledge of the adverse effect of their product, the Defendants have surreptitiously and fraudulently targeted young and underage persons in their advertising and marketing. Through the use of market surveys and sophisticated advertising, the Defendants have utilised such means as music, cinema and fashion, to attract and addict young and underage persons to smoking. There have been substantiated instances of free distribution to children at their events;

3.    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.

4.    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), 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.

5.    Beginning from about the middle of the last century, the Defendants have conspired internationally and locally to suppress the fact of the addictive and narcotic qualities of nicotine (which equates that of heroin), and also its manipulation to achieve a higher level of dependability on the product by its user. They have also conspired to conceal the adverse health effects of smoking to the consuming public, government and regulators. Their conspiracy also extends to the issue of second hand smoke or passive smoke, otherwise referred to as Environmental Tobacco Smoke (ETS). Finally, despite possessing the wherewithal to manufacture safer cigarettes, the Defendants have conspired to blatantly suppress any advances in this area.

6.    In perpetrating their conspiracy to commit the several actionable wrongs alleged in the suit, the Defendants acted in concert with one another, and also employed an astonishing array of lobby groups, bogus research organisations, and public relations companies.

It is useful to note that a substantial part of the evidence to be relied upon by the Claimants emanate from the Defendants’ internal documents. The Claimants shall also rely on expert witnesses from medicine, the tobacco industry and civil society.

The Claimants’ causes of action are based on Negligence, Public Nuisance, Restitution, Strict Liability, Conspiracy to commit actionable wrongs, among others. The overall effect of the Defendants’ course of conduct is that the State Government is called upon to expend its resources in treating tobacco related ailments caused by the use of Defendants’ products. In the year 2006 alone, there were 9527 reported cases of tobacco related diseases in Lagos State hospitals. The State Government spends at least N316,000 per month on each of this cases;

The Claimants seeks against the Defendants, jointly and severally, the following reliefs:

a.    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;

b.    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.   

c.    An Order of mandatory injunction restraining the Defendants from marketing, distributing, selling, or putting into the stream of commerce either by themselves or through their distributors, agents, resellers, trade partners, marketers, and/or any other person, any tobacco related products of whatever make or brand within a one thousand (1000) metre radius of any schools, hospitals, cinemas, playhouses or locations, children’s shopping areas, childcare facilities or such other public places in Lagos State that are predominantly a location for minors and young persons under eighteen (18) years old to “hang out”, play, assemble, congregate for any purpose whatsoever including but not limited to educational, recreational, social, religious, sports or any other purposes;

d.    An Order of mandatory injunction compelling the Defendants to fund a tobacco control programme to be administered and controlled by an independent third party to be appointed by the Lagos State Government, targeted at minors and young persons under eighteen (18) years old whose objectives include:

i.    non-access to tobacco products within the 1,000 (one thousand) metre radius of such facilities, locations or area as designated by this Court in the event of an order being granted as specified in subparagraph c hereinbefore;

ii.    a formulation and implementation of a procedure for the verification of age at all points of sale of tobacco related products;

iii.    the implementation of an effective awareness campaign on smoking and its health implications, including extensive disclosures of components of tobacco related products, potential associated diseases and other relevant information;

e.    An Order of mandatory injunction restraining the Defendants from marketing, distributing, selling, or putting into the stream of commerce either by themselves or through their distributors, agents, resellers, trade partners and/or marketers, any tobacco related products of whatever make or brand within Lagos State;
 
f.    An Order of Mandatory Injunction compelling the Defendants to fund a corrective public awareness campaign relating to the issue of smoking and health, to be administered and controlled by an independent third party to be appointed by the Lagos State Government;

g.    A Declaration of this Honourable Court that the tobacco related products as manufactured, marketed, promoted, distributed and sold by the Defendants are addictive;

h.    An Order of Mandatory Injunction compelling the Defendants to have printed on each stick of tobacco related product manufactured by them, the following disclosures:

i.    the tar/ nicotine quotient;

ii.    the relevant age bar requirement;

iii.    the addictiveness and narcotic qualities of nicotine; and

iv.    the relevant mandatory health warning prescribed by the Federal Ministry of Health;

i.    A Declaration of this Honourable Court that the tobacco related products as manufactured, marketed, promoted, distributed and sold by the Defendants are hazardous and injurious to the public health;

j.    A Declaration of this Honourable Court that the Defendants’ conduct as specified herein in this Complaint/ Statement of Claim, in relation to its misrepresentation and concealment of material facts and other such acts, are unlawful;

k.    An Order of perpetual injunction restraining the Defendants and their officers, agents, servants and employees, and those in active concert or participation with them, from continuing or engaging in such conduct or other conduct having similar purpose or effect with the subject matter of this complaint/ Statement of Claim;

l.    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;

In addition, the Claimants are seeking cumulative damages in the sum of N 2,702,200,35,647.17.

Reacting to the filling of the suit, ERA Executive Director, Nnimmo Bassey said: the case is a significant step in tobacco control campaign in Africa.

“This case will ultimately protect the largely uninformed and addiction- proned consumers in Nigeria from the profit-driven  nicotine gassing of our people, and help to reduce poverty by discouraging resource wastage through tobacco intake”, he said.

For further information Contact:

Akinbode Oluwafemi : 234-8060535681, This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
Julie Omoyeni :          234-8023425142 , This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
Ikem  Isiekwena         234-8033894864