Nigeria: Tobacco - FG Seeks N130bn Damages Against Swiss Firm

Source from:  This Day (Lagos) 15 January 2008 01/16/2008

The Federal Government yesterday sought a N130 billion damages from a tabacco firm, Philip Morris International for selling tobacco related products to underaged persons. It has also accused the company of evading court service in thesuit it filed against British American Tobacco Nigerial Limited and four other companies over the production and marketing of tobacco products in the country. The Federal Government through its counsel, Joseph Daudu SAN, told Justice Binta Murtala-Nyako that he has made attempts to serve Phillip Morris International who are the 5th defendant in the suit but have not been successful. He said the company refused to accept the courtprocesses from the courier company that took theenvelope containing the processes to them. Daudu said, "I was told that the 5th defendant in thiscase has not been served with the processes in thiscase. "The courier company we sent came back and told usthat they (Phillip Moris) refused to accept theenvelope contaning the processes from them. We are hopeful that by the next adjourned date all parties inthe case would have been served. He asked the court for a date to enable him effect service on all the defendants in the case. Other defendants in the suit are British American Tobacco Limited, British American Tobacco Company PLC and British American Tobacco Investment Limited. Before the case was adjourned to the 17th of March by Justice Nyako, counsel to British American Tobacco Investment Limited, Mrs. Funke Adekoya told the court that he was filing a preliminary objection to thesuit. In the main suit, the Federal Government approached the court for an order compelling the defendants in the suit to cease the marketing, promotion, distribution, and sale of tobacco related products to minors and underaged persons. They also asked for an order of mandatory injunctionrestraning the defendants from representing orportraying to minors or persons under the age of 18,any alluring or misleading image regarding tobaccorelated product whether by direct depictions,pictorial, advertorials, images, words messages,sponsorship, branding and or through overt or covertand or subliminal means. The Nigeria Tobacco Alliance organized a rally at thecourt yesterday in support of the step taken by theFederal Government against the tobacco companies. The Programe Manager of the Alliance , Mr. Adeola Akinremisaid, "we are supporting the Federal Government's suitagainst the tobacco industry because what BAT cannotdo in Britain must not allowed be allowed inNigeria". "It is illegal to sell minors in the United Kingdom ,so why are they doing it here. It is illegal to sellcigarette in unit in the UK, so why are they doingthat here". In the statement of claim, the Federal Governmentasked for the following declarations notably a declaration of this honourable court that thetobacco related product are manufactured, marketed,promoted, distributed and sold by the defendants areadditive; a declaration of this honourable court that thetobacco related product as manufactured, marketed,promoted, distributed, promoted and sold by thedefendants are harzadous and injurious to the publichealth; a declaration of this honourable court that thedefendants' conduct as specified herein in thecomplaint/statement of claim in relation to itsmisrepresentation and concealment of material factsand other such acts, are reprehensible. They want the defendants to pay N1346,250,421,627.39as special damages occasioned by their conduct They also want the defendants to pay 130 billion forwrongful conduct. Enditem