Lagos Re-files Tobacco Suit

Source from:  thisdayonline.com 03.16.2008 03/17/2008

The Lagos State Government has re-filed its suit against tobacco companies at the Lagos High Court. A statement by the Programme Manager, Enviro-nmental Rights Action/Friends of the Earth, Nigeria (ERA/FoEN), Mr. Akinbode Oluwafemi, says the state government had on February 21, 2008 withdrawn an earlier suit in which it was co-plaintiff with a non-governmental organisation, ERA/FoEN. In the suit, the plaintiffs were seeking extensive judicial pronouncements that would regulate tobacco smoking, especially among the youths. They were also seeking special, general, punitive and anticipatory damages to the tune of N2.7 trillion from the defendants. The defendants were British American Tobacco (Nigeria) Limited, International Tobacco Limited, British American Tobacco Plc, British American Tobacco (Investment) Limited, Philip Morris International, and the Tobacco Institute. According to the statement, the new suit filed at the court in the Lagos Judicial Division has only the state government as plaintiff, the defendants remain the same. The government apparently decided on the new process to take advantage of the "Fast Track Courts" which are products of the judicial reforms implemented in the state to facilitate quicker adjudication of cases. Under the rules of the Fast Track Courts, any action filed is expected to be concluded within eight months. All applications including jurisdictional challenges are adjudicated expeditiously. Already, the new originating processes have been served on the defendants and an order obtained from Justice Bukola Adebiyi of the Commercial Division of the High Court to serve some of the defendants out of jurisdiction, the statement says. The cumulative damages made up of past tobacco related spending, anticipated future spending and huge punitive damages for what the state government refers to as reprehensible conduct of the defendants remain N2.7 trillion. In the new suit filed on behalf of the Attorney General of the state, Mr Supo Sasore (SAN), the state amongst other reliefs, is praying the court to grant: 旳n 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. Also, an aggregate sum of N321, 720,861,295.15 is claimed as punitive and special damages for the actionable wrongs including public nuisance, fraud, breach of express and implied warranties and conspiracy to commit these wrongs by the defendants. Enditem