One thing that emerged very glaringly from the public hearing on the National Tobacco Control Bill (NTCB) held by the House of Representatives Joint Committee on Health and Justice last Wednesday in Abuja was that while there is an urgent need to regulate the tobacco industry in order to safeguard the health of the citizens and protect non-smokers, it is equally as important not to ignore the economic aspect of it. As such, it is pertinent to enact a balanced, evidence-based, workable legislation that will not stifle the legal tobacco industry while creating room for the illicit market to thrive.
The NTCB seeks for an Act to enact the Tobacco Smoking (Control) Bill to, among other things, “provide for the regulation of the production, importation, advertising, promotion, sponsorship, distribution, sale and designation of areas where tobacco products may and may not be smoked and for matters connected therewith”.
Even though there were a few differences regarding the best approach, majority of the stakeholders who made submissions at the public hearing agreed on the need for a robust, balanced, workable legal framework that meets international standards and carries every stakeholder along, not one that legislates the legal tobacco industry out of existence.
British American Tobacco Nigeria (BATN), a key player in the tobacco industry in Nigeria and worldwide, reiterated its support for the NTCB, urging, however, for a balanced regulation for the industry.
Freddy Messanvi, director, corporate and regulatory affairs, BAT West Africa, said BATN had always supported the passage of a balanced and evidence-based regulation of the tobacco industry in Nigeria, pointing out that any proposed regulation must not force the legal and regulated businesses out of operation and leave the market at the mercy of smugglers and illicit traders.
“Through cooperation between BATN and regulatory agencies, we have achieved reduction in the incidence of illicit trade from over 80 percent to around 20 percent today,” he said, adding that in passing the bill, it was important to take into consideration trends in other countries where similar legislation had been considered and its implications.
He expressed BATN’s support for various provisions in the bill such as the ban on sales of cigarettes to people under the age of 18, but also highlighted areas of concern such as the outright ban of retail sales of tobacco products which, he said, would drive the sales underground into the hands of tobacco smugglers.
But Coalition Against Tobacco (CAT) was vehement in its insistence that tobacco use and exposure to the product had been proved to be the leading cause of death and debilitating ailments, urging government to take the control bill seriously as it had to do with peoples’ lives.
Other stakeholders who made submissions commended the committee members, tasking the House to amend certain aspects of the bill which, according to them, did not accommodate the rights and interests of all stakeholders. They included Nigerian Tobacco Control Research Group (NTCRG), Association of Public Health Physicians of Nigeria (APHPN), Nigerian Association of Chambers of Commerce, Industry, Mines and Agriculture (NACCIMA), National Tobacco Retailers Association of Nigeria (NTRA), Manufacturers Association of Nigeria (MAN), Initiative for Public Policy Analysis, and Epidemiological Society of Nigeria (EPISON).
Others were Standards Organisation of Nigeria (SON), Habanera Limited (a member of the JT International Group of Companies), Nampak Cartons Nigeria Limited, Onunwakpu-Igbeagu Community of Ebonyi State, Ido Community in Oyo State, Araga Farm Settlement in Epe, Lagos State, Hajia Mariam Uwais, Damco Nigerian Limited, among others.
Earlier, Ndudi Elumelu, chairman, House Committee on Health, who presided over the hearing, assured tobacco firms in the country that government was not frightening them out of business but rather intended to ensure that the rights of non-smokers were protected.
“We must let you know that we are not chasing you [tobacco operators] away. The bill is meant to control and regulate tobacco and its impact on the people. So don’t feel that way,” he said, explaining that the Executive Bill on tobacco control was already at its second reading in the House of Reps, while the public hearing was on the private bill sponsored by Yacoob Alebiosu, a member of the House.
“We cannot ban smoking, but we must control it. The bill is not out to ban smoking and the tobacco companies,” said Walid Hammad, chairman, House Committee on Justice. Emphasising the need to formulate a robust national framework for tobacco control such that everyone’s rights would be protected, he noted that Nigeria was lagging in the global framework for tobacco control.
Onyebuchi Chukwu, minister of health, who was represented by Linus Awote, permanent secretary in the ministry, said the bill was of great importance considering the country’s quest to save non-smokers.
“We should note that the bill is not about ban on tobacco but health concern. We should not lose sight of that. However, we should subject the bill to existing Global Framework On Tobacco Control, which Nigeria is a signatory to,” he said.
Alebiosu, who sponsored the bill, maintained that in spite of the contributions of the tobacco industry to the economy, there was need to also control the distribution and ensure that the supply chain players were licensed.
“We need to control tobacco distribution and ensure that those in its supply chains are licensed in order to monitor their compliance with the regulatory framework; but we are not banning tobacco firms from operation. They only need to know that and comply with regulation,” he said.
Rasheed Bakare, president, Nigerian Independent Tobacco Farmers Association, said his association’s position was that tobacco farmers’ interest should be protected in the bill as their livelihood would suffer if anything contrary to that was done.
It is hoped that in taking its final decision, the House would take into consideration all the submissions made at the public hearing. That is the only way to ensure the passage of a balanced, workable and evidence-based bill that would accommodate the rights and interests of all stakeholders. Anything to the contrary may defeat the purpose the law is supposed to achieve.
CHUKS OLUIGBO
