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.