Nigeria: CSOs Seek Stiffer Penalties for Tobacco Control Offenders

Source from:  This Day  08/26/2013

Civil society organistions have revealed that the recommended penalties for those who flout tobacco control regulations in Nigeria should be increased and strictly implemented. To the CSOs, individual defaulters should be N1 million and one year imprisonment or both; while corporate offenders should be fined N5 million and three years' jail term or both.　

The calls formed part of the recommendations contained in a communiqué issued at the end of a one-day CSOs/media pre-public hearing meeting on the National Tobacco Control Bill (NTCB) held recently in Ikeja, Lagos. The event was jointly organised by the Civil Society Legislative Advocacy Centre (CISLAC) and the Environmental Rights Action/Friends of the Earth Nigeria (ERA/FoEN), in partnership with the Campaign for Tobacco Free Kids (CTFK). Participants at the meeting included civil society organisations, some of which are members of the Nigeria Tobacco Control Alliance (NTCA), and the Media. The total number of participants was 25.

The main agenda of the meeting was to analyse the two Bills on Tobacco at the House of Representatives and the Senate, with focus on the contents, punitive measures, and the level of control, and proffer recommendations where necessary; with the outcome expected to be part of the CSOs Memorandum on the NTCB to the National Assembly. To enhance the proceedings, there were two presentations at the meeting: The first one was on 'Overview of the Senate Bill on Tobacco', presented by Mr. Akinbode Oluwafemi of ERA/FoEN, while the second was an 'Overview of the House of Representatives Bill on Tobacco', which was presented by Mr. Okeke Anya of CISLAC. Participants were also divided into two groups to analyse both Bills and make inputs and recommendations.

After exhaustive deliberations, the participants observed that there were some differences in both bills in the area of taxation as a tool to combat tobacco consumption and reduce its availability, which did not feature in the Senate Bill; and that the issue of litigation and causes of action for liability done to individuals was also not featured in the Senate Bill. To them, the penalties stipulated in both bills were not stringent enough to discourage offences related to tobacco manufacturing, distribution and consumption; the use of the phrase 'may' in both bills was ambiguous and ought to be amended; while some of the provisions of both bills do not conform to globally acceptable standards.

Participants also recommended that the Chairman of the National Tobacco Control Committee (NATOC) shall be the Minister of Health; and that the Ministries of Information, Trade and Investment, Women Affairs, and Youth Development should be included in the NATOC. "The following agencies and offices should also be included in the NATOC: National Orientation Agency (NOA), Federal Inland Revenue Service (FIRS), Director General of the Nigeria Security and Civil Defence Corps; Inspector General of Police, and Representative of the Media; emphasis should be placed on pictorial warnings and graphic depictions. Participants commended the initiative by CISLAC and ERA/FoEN and the potential impact on the course of tobacco control in Nigeria. Enditem