Prosecute
Philip Morris for acknowledging illegally importing cigarettes into Nigeria
Phillip Morris International's new investment drives in Nigeria is giving a lot of cause for concerns as at press time.
The
Environmental Rights Action/Friends of the Earth Nigeria (ERA/FoEN) has asked
the Federal Government to begin immediate prosecution of Philip Morris
International Nigeria Limited (PMINTL) for illegal importation of cigarette
into Nigeria.
In
a statement released in Lagos, the group said PMINTL has provided enough
evidence for prosecution for flouting the National Tobacco Control Act 2015 in
a letter it purportedly sent to the Budget Office of the Federation in which it
is asking for approval to import another 550 million tons of cigarette after
the first illegal import.
ERA/FoEN
had alerted in December 2015 that PMINTL breached the nation’s laws by
bypassing the Ministry of Health as required by the NTC Act and instead,
getting authorization from the Standards Organisation of Nigeria (SON) and
other agencies of government to import 122 million tons of cigarettes from
Senegal.
Section
29(1) of the NTC Act signed into law last May by former president, Dr. Goodluck
Jonathan says: No person shall manufacture, import or distribute tobacco or
tobacco products except the person has obtained license or is authorised in
writing by the minister. The law also stipulates a fine of “not less than N10
million and a term of imprisonment of not more than 10 years or both” among
others for defaulters.
The
products were to be imported into Nigeria under the cover of the ECOWAS Trade
Liberalisation Scheme (ETLS) between September 18, 2015 and March 31, 2016.
Media
reports (See link: http://www.thisdaylive.com/index.php/2016/05/10/philip-morris-plans-to-import-n156bn-cigarettes-uncovered/)
indicate that in a letter to the Minister of Budget and National Planning, Udo
Udoma, PMINTL acknowledged that it had imported and distributed the 122 million
tons of cigarette in Nigeria and that it cleared the products in the country in
line with its sales projections.
The
new application for 550 million cigarette units was made in January 2016 and is
for Marlboro, Marlboro Gold, Bond Street, Bond Street Blue, Chesterfield Mint
Burst and Chesterfield Blue cigarettes.
ERA/FoEN
said: “The acknowledgement by PMINTL after months of silence and secrecy around
the importation of the deadly products is not only shocking, but also smacks of
respect for Nigeria’s laws as espoused in the NTC Act 2015”
ERA/FoEN
Deputy Director, Akinbode Oluwafemi said: “ERA/FoEN is finally vindicated.
After months of evasive body language, PMINTL has finally come out of the woods
to own up to importing illegally into Nigeria. The illegal imports show that
PMINTL is determined to compromise the health of Nigerians through its
so-called long term commitment and investment plans that will only lead to a
harvest of deaths in a very short time.
“We
expect the government to demonstrate that the era of impunity is over. PMINTL
should face prosecution and appropriate sanctions imposed. It is very worrisome
that the same company that compromised our systems to import lethal products is
still asking for government nod to legally import the same death in wraps. This
government must turn down this godless request.”
Oluwafemi
added that, “This opportunity is one we are using to renew our petition for
criminal prosecution of PMINTL Nigeria Limited for the illegal importation of
cigarette into Nigeria. A full probe of the entire transaction must be carried
out with a view to bringing to justice any government official that compromised
his office in the process of this illegal importation.
“Like
we had demanded in our petition to the president last year, the products
already imported must be withdrawn from the market, and the entire consignment
destroyed. Governments across the region must also remove tobacco from trade
liberalization policies. Here in Nigeria we propose high taxes on cigarette
products to reduce consumption and the full implementation of the NTC Act
through strong and effective regulations. This is what Nigerians demand and
this is what the government should do,” Oluwafemi stated.
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