Nigeria: Tobacco Bill: Second Time

Source from:  Leadership (ng)  04/15/2013

For the second time, Legislators and civil society activists are preparing for the passage of another tobacco control bill following the failure of President Jonathan to sign the former one. Seun Akioye examines the intrigues.

The question most of the tobacco control activists have not been able to find a convincing answer to is why the President Goodluck Jonathan refused to assent to the National Tobacco Control Bill sponsored by Senator Olorunnimbe Mamora and passed by the 6th senate.

On March 15, 2011, the Senate overwhelmingly passed the National Tobacco Control Bill while the House of Representatives concurred with the Senate version. But the bill which was passed in the twilight of the 6th Assembly did not get Presidential assent.  The presidency did not give any explanations why the bill was not assented despite constitutional provisions requiring such explanation. The President simply refused to sign while the 30-day window provided for the signature of the bill in the constitution lapsed much to the consternation of the tobacco control advocates.

But the tobacco control community seemed to have bounced back with a renewed effort at passing another tobacco control bill. According to some members of the Nigerian Tobacco Control Alliance (NTCA), the need to have National Tobacco legislation is a matter of obligation for Nigeria.

Seye Omiyefa, the Executive Director of the Youth Action on Tobacco Control and Health (YATCH), in Ibadan said " Nigeria signed and ratified the Framework Convention on Tobacco Control (FCTC) in 2004 and 2005 respectively, what this means is that this country has an obligation to domesticate the international treaty by way of a national law. The way we have decided to do it is through a national tobacco law which will incorporate at least 75 per cent of the provisions of the FCTC."

Investigations conducted by LEADERSHIP Sunday reveal that there are about three different tobacco control bills which is being considered for passage by the National Assembly. One of such bills is being sponsored by Hon. Dayo Bush Alebiosu representing Kosofe Federal Constituency in the House of Representatives. Another bill was sponsored by the Chairman, Senate Committee on Health, Senator Ifeanyi Okowa, and ten other top senators which includes Senators, Chris Ngige, Bukola Saraki, Paulinus Igwe, is currently before the Senate. The bill is titled: "A bill for an Act to repeal the Tobacco (Control) Act 1990 Cap. T 16 Laws of the Federation and to enact the National Tobacco Control Bill 2012 to provide for the regulation or control of production, manufacture, sale, advertising, promotion and sponsorship of tobacco or tobacco products in Nigeria and for other related matters".

Investigation also revealed that the Federal Ministry of Health is packaging another bill which will be presented to the National Assembly in the form of an Executive bill.  But while the two bills in the National Assembly had already passed the first reading, no time has been fixed for the presentation of the Executive bill. According to a source in the Ministry of Health who prefers not to be named, the bill is currently with the Ministry of Justice for inputs after which the Minister for Health, Onyebuchi Chukwu will present it to the Executive.

Stakeholders in the nation's tobacco control community welcome the development of another bill which would eventually give Nigeria strong tobacco control legislation.

"We are in support of going back to the National Assembly", Toyosi Onaolapo, the coordinator of the Coalition Against Tobacco (CAT) one of the groups that worked on the former bill said.  She also said; "It is still a pending issue because the last bill was not signed and we can't rest on our oars, we must go back to do the proper thing and eventually get presidential assent. "

She also confirmed LEADERSHIP Sunday findings about the bills currently before the National Assembly. "To my knowledge, I know there is a bill in the House of Representatives sponsored by Dayo Bush Alebiosu. I have seen a copy of that and the one by the Senate. I am also aware of the bill by the Ministry of Heath which is being packaged as an Executive bill, but I have not seen that one."

The support of civil society organisations in pushing for legislations all over the world has always been crucial. Sometimes, it may be the game changer.

The bill sponsored by Senator Mamora was in partnership with Environmental Rights Action/Friends of the Earth Nigeria (ERA/FoEN) and the NTCA.

The organisations provided massive public enlightenment campaign for the bill and mobilised other civil society organisations to the public hearing.

LEADERSHIP Sunday investigations reveal that many of the stakeholders in tobacco control in the civil society are ready to support any tobacco bill that would give Nigeria the strongest regulations against the sale, marketing and distribution of tobacco products in Nigeria.

When contacted, sponsor of the bill in the House of  Representatives, Hon. Alebiosu said the essence of his tobacco bill is to ensure that Nigeria fulfils her obligation which the signing of the FCTC has placed on her and also to prevent a looming tobacco epidemic.

Alebiosu's bill has already passed the first hearing and is slated for second and committee consideration any moment from now. The bill which also initiated from the Senate has also passed the first hearing and may be delegated to the committee on health to work on.

However, some analysts believe there may be some contentions due to the proliferation of bills which is seeking the attention of the National Assembly.

"What is needed is for all these bills to merge, in the National Assembly they call it harmonisation. If there are different bills on the same issues from both houses of parliament, they will harmonise and turn them into one bill, that is what should happen to the tobacco bills," a source which does not want to be named suggested.

But this scenario may work seamlessly if there are only two bills in the National Assembly. With the Ministry of Health preparing an Executive bill, there have been interesting permutations regarding how the whole situation would work out.  Recently, there have been rumours of pressure being mounted on the National Assembly to drop the bills in favour of yet to be finalised Executive bill.

But Alebiosu denied it all. "I don't know where you are hearing of a pressure being mounted on me to drop my bill. Let me make it clear nobody can mount pressure on me and no such thing has happened. My bill has been slated for first reading so where is the pressure?"

But for most members of the NTCA, what is needed is a strong tobacco control bill that can reverse the deaths associated with tobacco use in Nigeria and not who is sponsoring a bill. Onaolapo said" Public health is the most important; I don't think anyone would care which bill is passed if we are all working for the same goal. What we need is a comprehensive bill that would save Nigerians who are dying of smoking."

Gbenga Adejuwon of the Campaign for Tobacco Free Youths Nigeria which is based in Akure, Ondo State who is also the secretary of the NTCA, towed the same line of thought. "After what happened the last time, the tobacco control community has come together this time for a common goal. We will ignore the politics and work on the mandate given to us by Nigerians to eradicate tobacco use in Nigeria."

But when contacted, Akinbode Oluwafemi, the Director, Corporate Accountability and Administration of ERA/FoEN declined to comment. "I don't want to go on record at this time. I do not have anything to say on the process for now," he said.

To show the determination of the tobacco control community for the passage of the tobacco bill, Omiyefa said his organisation is already preparing for the public hearing and the campaign for eventual assent.

The tobacco debate has been one of the most contentious public health issues in the last six years. While the tobacco industry had insisted it pays taxes to the government and provides employment to the people, public health advocates have consistently faulted such argument. However, the balance changed in favour of the anti tobacco advocates in 2007, when the Lagos State government instituted a landmark cost recovery suit against the British American Tobacco Nigeria and five other tobacco companies. Two years later more than five states have signed up to the suit, making it the first class action suit against a tobacco company in Nigeria.

The same year, Senator Mamora began to work on a legislation that would domesticate the FCTC and also regulate the tobacco business in Nigeria. His bill which was eventually passed on March 15, 2011  by the Senate and the House on May 31, 2011 did not get presidential assent causing uproar in both national and international tobacco control communities.

So, what is the assurance that this time around things would be different? Onaolapo believes there is no cause for anxiety.

"We are working together as a group to ensure that we do it fast. All stakeholders are on board now, we try to identify champions who will assist in the passage of the bill and eventual presidential assent, we are ready and good to go." Enditem