Nigeria: Anti-Tobacco Campaigners, Others Fault Proposed Ban On Smoking  

Source from:  The Guardian (Lagos, Nigeria)  05/13/2013

PLAN by the Lagos State government to ban smoking in hotels, schools, night-clubs and so on was, at the weekend, faulted by both anti-tobacco campaigners as well as tobacco industry.

Meeting at a public hearing, held at the Lagos State House of Assembly (LSHA) complex on Friday, representatives of the anti-tobacco groups argued that the smoking regulatory bill currently before the LSHA was just too soft to check tobacco-related injuries.

Conversely, tobacco manufacturers led by British-American Tobacco Nigeria (BATN), tobacco-product distributors, bar and hotel owners and others have condemned the proposed regulation as being too harsh on businesses and tailor-made for increasing unemployment.

The 'Bill for a law to provide for the regulation of smoking in designated places in Lagos State and for connected purposes' is a private member bill, sponsored by Gbolahan Yishawu, representing Eti-Osa II Constituency. The bill has scaled through the second reading.

The 13-paragraphy bill has a schedule of 18 items, indicating designated areas that are no-smoking areas in the State. The smoke-prohibited areas are premises that are being used wholly or principally as a place of work, restaurants, bar and nightclubs, shops and shopping centres, hotels, libraries, archives, museum and galleries, and all premises used for entertainments.

Others are halls, conference centres, public toilets, factories, educational institution premises, healthcare premises, crèches, day care centres for children and adults, call centres, public transports within Lagos, stadia and lifts.

Presenting the bill at the public hearing, a member of the House, Sanni Agunbiade, added that the bill sought to restrict smoking from people under the age of 15, even as it would become the duty of owners or operators of smoke restricted areas to display 'No-smoking sign' and its prohibition. Failure will attract a fine of N100, 000 or six months imprisonment or both.

The bill also makes it an offense to obstruct a duly authorized officer from entering and arresting, when carrying out his duties under the provision of the law. Any person, who smokes in the presence of a child is guilty of an offence and liable to N15, 000 fine or one-month jail term.

Presenting their memoranda, representative of Nigerian Tobacco Control Alliance (NTCA), consisting 40 Civil Society Organisation (CSOs), Nurudeen Ogbara commended the House for championing the course of democracy, though faulted the bill as too limited in scope to aid the course of public health.

According to Ogbara, the bill though designated some areas as smoke-free, "it means other undesignated areas like police stations, Assembly complex, Airports, garages, markets and so on are smoke-friendly. This is like setting a dangerous precedence to public health."

He drew the attention of the House to international provisions like the World Health Organisation- Framework Convention on Tobacco Control (WHO-FCTC) that had declared tobacco-free environment and existing the Federal laws (like Tobacco Control act of 1994).

These provisions, according him, were far extensive in defense of victims of second-hand smokers. And to present another State law that overlooks public health expenditure on tobacco-related injuries; activities of the tobacco industries restrict implementation to ministry of the environment would be an infringement on existing laws, and unbefitting of a House that is progressive.

Speaking on behalf of BATN, Sola Dosumu, said "it is no longer a secret that there were alleged health risks to tobacco-products, but millions around the world, though aware of the possible risks, still choose to enjoy the pleasure of legal commodities from tobacco."

Citing from WHO statistics that the smoking population is on the increase, he said it was important to have a well-balanced law that is evidence based.

Dosumu added that while tobacco-industries support the bill in restricting sales to under-15, smoking in school buses and in some public places, they, however, quarreled with the non-provision for a time of grace for the display of 'No-smoking' sign in restricted areas; difficulty of implementing the smoke-prohibition before an under-15 and excessive power to the regulatory agencies.

He recommended that the bill should be amended to accommodate 'smoking areas' within bars, hotels, nightclubs and others designated 'no-smoking' areas in the bill.

Though in agreement with Dosumu on the need for smoking areas within the prohibited public centres, a former member of the House, Babatunde Ogala, disagreed on the difficulty of implementing restrictions among under-15s. Besides his call for increasing the age barrier from 15 to 18 years, he also advocated for the inclusion of the Ministries of Health and Justice in the implementation of the law.

He said: "We cannot totally ban smoking, but we can have smoke-areas in open air of hotels, nightclubs and others while having them totally banned in other places.

"Also, the offences and punishments that the current bill creates are not exhaustive. There should be penalties for someone that gives cigarette to or allow under-15 to hawk tobacco products, coupled with companies that promote smoking among under-age," he said.

Speaking with one voice, representatives of Manufacturers Association of Nigeria (MAN) and Trade Union Congress (TUC) condemned the bill for its long-term impact on commerce and unemployment, adding that the tobacco industry generates N100 billion in revenue for the government yearly.

Representative of Restaurant, Bar and café owners and tobacco-products distributors said such legislations would cripple their businesses and increase rate of unemployment in the State. A distributor, Mope Mojisola stressed that tobacco-products are not ammunitions, bombs or bullets that should be totally banned in hotels, clubs and bars.

Betty Abah of Environmental Right Action (ERA), said," while commercial considerations are important, it is far imperative to prioritise the effect of tobacco-products on the health of hotel and bar workers, families and the general public. "We cannot be talking about money or employment at the expense of our lives. How much is the life of a Nigerian worth?" Abah queried.

Former Attorney General of Lagos State, Prof. Yemi Osibajo, congratulated the House for taking the first step at checking tobacco-related harms.

Stating that tobacco remains a harmful product and illegal under the criminal laws in Lagos State, Osibajo said the next stage would be a law that would empower the people to fight the tobacco companies and get huge revenue to finance health cost, like citizens are doing in class actions against tobacco companies around the world.

Reacting to the limitations cited at the hearing, sponsor of the bill, Yishawu said the bill was a smoking bill and not actually for tobacco regulation.

He added that it was designed as a first step in tobacco control, and the House would look at all the memoranda to find a meeting point for all the stakeholders.

Majority leader of the House, Dr. Ajibayo Adeyeye, noted that the bill was intended to protect the environment and health of the people, and not targeted against the sales of the tobacco industry.

Adeyeye urged members of the public to make their reactions known to the House Committee of the Environment within two weeks, assuring all stakeholders that their claims would be considered to make a law that is by the people and for the people." Enditem