The joint suit instituted by the Lagos
State government and the Environmental Rights Action/ Friends of the
Earth Nigeria (ERA/FOEN) against five tobacco companies before a Lagos
High Court sitting in Igbosere, could not continue on Monday because of
the redeployment process going on in the Lagos judiciary.

At the resumed hearing of the suit, the
presiding judge, Raliat Adebiyi, noted that she would not be able to
continue with the hearing of the applications brought by the counsel,
since she has been transferred to the Ikeja division of the Lagos High
court, and is trying to collate the files before her. The hearing of
the applications was, therefore, adjourned to April 19, 2010, in Ikeja,
where she will continue to preside over the suit amongst other suits.

Justice Adebiyi has been deployed from
the commercial division of the Lagos High court sitting in Igbosere to
the Land section of the court sitting in Ikeja.

The claimants had instituted the action
against the tobacco companies – British American Tobacco (Nigeria)
Limited, International Tobacco Limited, British American Tobacco Plc
and British American Tobacco Investment Limited – on the ground that
tobacco smoking has severe health implications, including but not
limited to cancer, cardiovascular and pulmonary complications, noting
that the defendants have recently admitted these facts.

Allegations

They had alleged that, in spite of the
obvious knowledge of the adverse effect of their product, the
defendants have fraudulently targeted the young and the under-aged in
their advertisement and marketing.

That, through the use of market surveys
and sophisticated advertising, the defendants have utilised such means
as music, cinema and fashion, to attract young and under-aged persons
to smoking.

They submitted further that the
mandatory health warnings inscribed on their packs are ineffective, as
the defendants promote a retail strategy of sale by the stick, whereas
the individual sticks that most consumers purchase have no such
warnings.

The claimants’ causes of action are
based on negligence, public nuisance, restitution, strict liability,
and conspiracy to commit actionable wrongs, among others.

It was contended that the overall
effect of the defendants’ course of conduct is that the state
government is called upon to expend its resources in treating tobacco
related ailments caused by the use of defendants’ products, maintaining
that the state government spends at least N316, 000 per month on each
of these ailments.

Claims

Consequently, the claimants want an
order of mandatory injunction compelling the defendants, their
successors-in-title, privies and/or agents to cease the marketing,
promotion, distribution and sale of tobacco-related products to minors
or under-aged persons.

An order of mandatory injunction
restraining the defendants from representing or portraying to minors or
persons under the age of 18, any alluring and/or misleading image
regarding tobacco related products, whether by direct depictions,
pictorials, advertorials, images, words, messages, sponsorships,
branding and/or through overt or covert and/or subliminal means.

Furthermore, the claimants asked for an
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, which are
predominantly a location for minors and young persons under 18 years to
“hang out”, play, assemble, congregate for any purpose whatsoever,
including but not limited to educational, recreational, social,
religious, sports or any other purposes.

In addition, they urged the court to
grant an order of mandatory injunction compelling the tobacco companies
to fund a tobacco control programme to be administered and controlled
by an independent third party, who is to be appointed by the Lagos
State government, targeted at minors and young persons under 18 years.

They also want a declaration of the
court that the tobacco related products are addictive, and a
declaration of the court that the tobacco related products as
manufactured, marketed, promoted, distributed and sold by the
defendants, are hazardous and injurious to public health.

The claimants also sought special, general, punitive and
anticipatory damages in the sum of $21,617,605, 885.17 from the
defendants.

Following
the attack on operatives of the Economic and Financial Crimes
Commission in Owerri, Imo State, last week, the federal government has
decided to beef up security in the state.

The governor of the state, Ikedi
Ohakim, who was at the presidential villa to see the acting president,
Goodluck Jonathan, said he was there to brief him on the situation in
his state.

Not a political mission

Mr. Ohakim dismissed insinuations that
he was at the villa to submit names of possible ministers from his
state. He, however said, “I am a governor of a state and I have the
right to submit my ministerial list but that is not what I am here for.
I have come to confer with the acting president on the issue of
security in the state and, luckily, the acting president has made some
approval. The government has agreed to tackle the issue of security,
gangsterism and kidnapping.”

Ohakim added that he trusts the acting president to make the right decision on whom to choose to run the government.

“The acting president is pragmatic and
is forward looking; he knows what to do. He knows the country has been
trekking and we need to run; we need to fast forward. My mind tells me
that, come what may, he will look for key professionals, those who can
run with the ball, and give them responsibilities of driving the
activities of this country because we can’t wait forever. I know who he
is and he has what it takes. In the next few days you will be happy
with what is coming out from the exercise,” he said.

Background to the visit

Gunmen suspected to be assassins had on
Friday, March 19, attacked operatives of the EFCC along the
Mbano/Okigwe Road on their way from the Federal High Court, where they
had attended a hearing of the trial of Herbert Chikwe, husband of
former minister of aviation and Nigeria’s ambassador to the
Netherlands, Kema Chikwe, leaving one dead.

A university
lecturer, Okpo Ojah, has called for the enforcement of the Child Rights
Act to check the frequent incidences of child abuse in the country. He
also advocated for a private-public synergy in addressing issues
concerning the less privileged.

Mr. Ojah, who
lectures at the University of Calabar, made the call on Monday in
Calabar while delivering a paper on “Help The Needy” at a seminar
organised by Laurel Childcare Outreach, a non governmental organisation.

He said the delay
in the enforcement of the Act passed by the National Assembly in 2003
is unfortunate, adding that the delay amounts to government’s disregard
for children’s welfare.

He also described as unfortunate, the prevailing situation where only eight states in the country had made laws on child rights.

The lecturer
stressed that, beyond enacting the Act, all tiers of government should
take more than a passing interest in the welfare of children.

“As leaders of tomorrow, Nigerian children deserve to be offered the
best of education, health, and environment and in other aspects of
life,” he said.

The National Agency for Food, Drug
Administration and Control (NAFDAC), says it impounded counterfeit and
fake drugs worth N2 billion in 2009, the Agency’s Director-General,
Paul Orhii, said on Monday in Port Harcourt at a stakeholders forum
organised by NAFDAC.

He said there was a resolve by the agency to tackle the issue of fake and counterfeit drugs in the country.

Mr. Orhii said some of the impounded products had been destroyed while some suspects were being tried.

The agency, he said, had declared zero tolerance for fake and
counterfeit drugs, unwholesome processed foods and other substandard
regulated products.

The National Agency for Food, Drug
Administration and Control (NAFDAC), says it impounded counterfeit and
fake drugs worth N2 billion in 2009, the Agency’s Director-General,
Paul Orhii, said on Monday in Port Harcourt at a stakeholders forum
organised by NAFDAC.

He said there was a resolve by the agency to tackle the issue of fake and counterfeit drugs in the country.

Mr. Orhii said some of the impounded products had been destroyed while some suspects were being tried.

The agency, he said, had declared zero tolerance for fake and
counterfeit drugs, unwholesome processed foods and other substandard
regulated products.