Ola Ajayi writes about the conclusions of the parties. Babatunde Irukera, counsel to ERA said, "the suit is about an industry that is killing people and they must take responsibility."
Source: AllAfrica
They
prayed the court to grant an order of "mandatory injunction compelling
the defendants to cease the marketing, distribution and sale of
tobacco-related products to minors or underaged persons and an order of
mandatory injunction compelling the defendants to fund a tobacco
control programme to be administered and controlled by an independent
third party to be appointed by the state government.
Other
reliefs being sought included order of mandatory injunction restraining
the defendants from representing or portraying to underaged children in
the state, any alluring or misleading image regarding tobacco related
products in any form".
They also asked the court to "prevent the
sale of the products within 1, 000 metre radius of any school,
hospital, cinema house, playhouses, children shopping areas, childcare
facilities, or such other public places in Oyo State".
At the
resumed sitting of the court which was presided over by Justice O.A
Boade, yesterday, counsel to the other four defendants fought
spiritedly saying the court lacked jurisdiction to entertain the matter
since all the companies had their corporate offices outside the country.
But
the tobacco companies through their counsel, Mrs. Funke Adekoya and
others prayed the court to strike out their names and that the writ of
summons by their defendants should be set aside because it was a
complete nullity.
They added that their defendants did not seek
the leave of the court before serving the writ of summons on them
adding that they had acted beyond the jurisdiction of the court.
But
Babatunde Irukera, counsel to ERA submitted that their arguments
bordered more on technicality which he stated the apex court had since
ruled against in the dispensation of justice. He said, "the suit is
about an industry that is killing people and that they must take
responsibility. It is about damage and injury done to a set of people
in which we want the respondents to own up to, the ERA counsel told the
court.
Source: AllAfrica
Comments