Don’t expose Nigerians to tobacco-related health hazards, CAPPA tells Reps 

Corporate Accountability and Public Participation Africa has cautioned the House of Representatives against exposing Nigerians to tobacco-related health hazards.

CAPPA, in a memorandum presented by Zikorah Ibeh to the Hon Bassey Akiba-led House Committee on Healthcare Services on Friday, in Abuja, described the proposed amendment National Tobacco Smoking Bill (HB1151) as flawed.

CAPPA argued that the proposed legislation seeks to amend an Act titled the National Tobacco Smoking Act of 2015—a legislation that does not exist, effectively leaving the Bill without a legal basis for proceeding.

CAPPA contended that if the intended reference is the National Tobacco Control Act (NTCA) 2015, the Bill’s incorrect title already demonstrates a lack of understanding of the legislation it aims to amend.

CAPPA maintained that a legislative proposal that fails to identify its foundational Act accurately raises serious doubts about its intent, precision, and commitment to public health.

CAPPA particularly raised eyebrows on the narrow focus of the proposed legislation on “Smoking” which could expose more Nigerians to deaths associated with the usage of tobacco products.

The Bill’s focus on “smoking”, even as reflected in its title, shifts attention away from the broader issue of tobacco use. This shift would exclude smokeless and emerging tobacco products, such as vapes, heated tobacco products, and other electronic devices, from regulation,” it noted.

“These products, which pose significant health risks, would escape the oversight that the current National Tobacco Control Act 2015 can provide. This strategic redirection is likely to undermine the intent of Nigeria’s tobacco control legislation, which was designed to address all forms of tobacco use and protect public health.

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“The Bill’s emphasis on smoking alone creates a loophole that the tobacco and vaping industries could exploit, leaving Nigerians vulnerable to the harms of these increasingly popular but equally dangerous products.”

On another proposed Bill HB: 47 which seeks to amend the NTCA Act  to cure certain defects im the Act , ensure its effectiveness in Nigeria and address the lacuna that may be easily exploited by the tobacco industry in Nigeria, CAPPA, among others, applauded the lawmakers on move to amend Section 8 of HB 47 aimed at establishing a more predictable and sustainable funding mechanism for tobacco control initiatives.

Under the current NTCA 2015, the Tobacco Control Fund exists but lacks specifically earmarked financial sources, relying primarily on general budgetary allocations and donations, which are often unpredictable and insufficient.

CAPPA noted that HB 47 addresses this limitation by introducing new funding streams through Subsection 2 (d), (e), and (f):(d) Allocates 40% of all taxes, levies, and excise duties collected from the manufacture, importation, and distribution of tobacco products.(e) Includes revenue generated from application fees, fines, and penalties for violations of the Act.(f) Adds proceeds from the sale of properties forfeited to the government as a consequence of violations of the Act.

Additionally, CAPPA acknowledged that HB 47 introduces, under Section 8, a new Subsection (3) that outlines how the Tobacco Control Fund will be administered. Subsection 3(a) specifies that the Fund will be used for the general administration of the Act, while Subsection 3(b) stipulates that it will also be used to cover the expenses of the National Tobacco Control Committee.

However, it stressed that for the provision to achieve its intended impact, robust mechanisms for transparency and accountability must be established.

“Clear guidelines on fund allocation, regular audits, and public reporting will be critical to preventing mismanagement and ensuring these funds are used exclusively to advance tobacco control objectives and public health initiatives,” it said.