Rendez-vous 166 - May 7, 2007
Thank you Bode for taking the time to answer my questions. May I ask you to introduce yourself?
Akinbode Oluwafemi: My name is Akinbode Oluwafemi. I am the Programme Manager of Environmental Rights Action/ Friends of the Earth Nigeria,
Nigeria's foremost environmental campaign group. For over seven years,
I have been involved in tobacco control activities both at the national
and international levels.
Q1. I just read about ERA filing a lawsuit with the Lagos State government against BAT, Philip Morris International and the Tobacco Institute for "negligence, public nuisance, liability, conspiracy to commit actionable wrongs" and asking for $21 billion in compensation.
Can you tell (a little) about the background of this initiative? How does an NGO links up with a State Government? Are there any precedents in Nigeria of such initiatives against big corporations? What gives you confidence that the lawsuit would achieve its end?
Akinbode Oluwafemi: Our lawsuit against tobacco companies is a result of over a year of hard work and commitment from the legal team who had to search and compile documents and evidence in Nigeria and internationally. We studied the Mississippi case in the US and the Master Settlement Agreement (MSA).
We know the tobacco industry has done worse things in Nigeria than they have done in the West.
That's why decided on this historical struggle to use litigation to rein in the tobacco industry and make them liable for their wrong doings as well as to expand jurisprudence through declarative orders to prohibit marketing of tobacco to the youth (marketing around schools).
This suit is an affirmation of our commitment to work with any progressive government in Nigeria and across Africa to reverse rising tobacco consumption and the associated costs on public health and the economy.
This is the first time we are having such a big case against big corporations in Nigeria.
It is also the first time any government is initiating a joint action with a civil society group in Nigeria.
It is the first time a government in Nigeria is seeking damages for public health related wrongs in Nigeria.
Lagos state is the commercial nerve of Nigeria and that is where most commercial activity takes place including marketing and selling of cigarettes.
It also means that more people are dying of tobacco smoking in Lagos and that the state government is spending much in treating victims of tobacco consumption. This was the hard fact we laid before the government only to discover that there was actually an earlier survey by the state that confirmed the assertion.
We are very confident that the lawsuit will change tobacco control in Nigeria and in Africa.
We have assembled tons and tons of internal documents that the industry cannot fault.
The legal team was painstaking and thorough. We have several hours of video tapes of their direct marketing events, we have them on tape giving out free cigarettes etc.
We are optimistic that very soon more States will file similar actions.
Let me also state here that we are enjoying tremendous support from the international tobacco control community. We have technical support from Mike Moore, the former Attorney General of Mississippi.
We are prepared for the long haul. We are bringing international scientists, lawyers and tobacco control experts to testify in Nigeria.
Q2. The Guardian quotes part of your written statement as a potential
witness (it would certainly be very interesting to read the whole text)
where you describe BAT's marketing strategy towards the youth via
concerts, free distribution of cigarettes. Akinbode Oluwafemi: As
I said earlier the tobacco industries have used concerts, musical shows
and movies to recruit Nigerian youths to tobacco addiction. We have a
lot of this on tape and we will be turning them to the judge. Most of
the artists used were Nigerian artists. As for now we have not
established contacts with them on this case but if there is the need to
do that as the case progresses we shall not hesitate
Can you give us an idea of the scale of this strategy? Would you
have images related to those events? Did you have any contacts with the
musicians performing at those concerts?
Are they local musicians?
Q3.
You also mention having accompanied friends to hospitals for smoking
induced diseases. How big a health problem do you think smoking
related diseases are now in Nigeria? I remember the cynical comment by
a tobacco executive that in Africa people were dying too early to die
of a smoking related disease and we know the tobacco industry always
stresses there are more important health issues in Africa than tobacco
use. What is your assessment?
The statement by the tobacco industry executive that people are dying too early in Africa to be concerned with smoking is one of the many insults that the industry has rained on the continent and that is why we are fighting back..
Since the many lawsuits and regulations in the West, tobacco companies have heighten their marketing activities across Africa. Smoking rate is rising geometrically in most countries on the continent.
Agreed, there are other health problems in Africa like Malaria and HIV, but tobacco has the potential of becoming the greatest killer in the continent. It is not only that tobacco related diseases are capital intensive to manage. The poor smoke the most and they don't have the money to treat diseases like cancer, so they end up dying untimely. The health facilities to manage tobacco related disease are not available so Africa has the most reason to prevent a tobacco pandemic.
Q4.
The lawsuit mentions the weakness of the warnings on the pack since
many cigarettes are sold by the stick. How do you think this could
change? Will the government ban selling cigarettes by the stick (as it
is banned in many countries but with a less entranched practice)? How
would such a ban impact the people who are making a living of selling
cigarettes?
Akinbode Oluwafemi: Apart from the court orders we are seeking, one other thing that this suit will achieve is generate publicity about the dangers of tobacco consumption and the need for effective policy to arrest rising smoking trends in the country.
ERA is currently working on policy initiatives predicated on the full implementation of FCTC provisions. The publicity around this suit will support our work to enact effective tobacco control legislation.
We strongly believe that selling cigarettes in sticks should be prohibited.
Selling in sticks makes cigarettes more accessible to the
youths. We should get the policy first, then we will work with
government to ensure that the policy is effectively enforced . Now,
people selling cigarettes in sticks are at the lowest of the tobacco
industry economic chain, they sell cigarettes along with hundreds of
other items. Don't forget that when people don't spend money on
cigarette, they don't throw away the money; they will spend it on other
items that are of greater benefits to the body.
Q5.
What is the type of tobacco control measures you would like to see
implemented in Nigeria? What are your resources compared to the wealth
and influence of the tobacco industry? Are you getting any help at the
international level? There were criticisms about the Gates Foundation
having stock in Oil companies present in Nigeria. Now the Gates
Foundation is contemplating supporting tobacco control: would you be
interested?
What about the Bloomberg Foundation?
Akinbode Oluwafemi: We want to see an effective tobacco control policy that will incorporate all the provisions of the FCTC.
We want to see comprehensive ban of tobacco advertising, sponsorships and promotions. We want to see periodic increase of cigarette taxes. We want to see, effective warning messages with pictures/pictograms.
We also want to see reforms in the legal regime to ensure that victims of tobacco addiction in Nigeria can sue tobacco firms and get compensation.
Tobacco control activists in Nigeria vs the tobacco industry is another classical David against Goliath case.
The tobacco industry has huge resources while tobacco control activists have zero or shoestring budgets.
Nonetheless, we are committed to the cause. We have begun to receive some international support for our work. We are currently discussing with the Bloomberg team through CFTK.
We believe that more resources should be channeled to tobacco control in Africa because the tobacco industry is doing a lot while facing very limited challenge. So we want to see more of the big funders giving attention and priority to tobacco control in Africa.
I must state however that the solidarity we have received from the international tobacco control community since the filling of the suit has been overwhelming.
I am particularly overwhelmed by calls, e-mails and messages urging us to move on.
Some institutions have also pledged technical assistance. We are happy with the global camaraderie.
Q6. Is there anything else you would like to add?
Akinbode Oluwafemi: You can get the Lagos State Attorney General's Statement and mine at www.eraction.org
Thank you Bode for having taken the time for this interview. All our best wishes for this key lawsuit.
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