Exactly
two months ago there was huge media buzz about plans by Philip Morris
International (PMI) to import cigarettes into Nigeria from neighbouring
Senegal.
The imports, which public health experts described as “illegal”, were
five PMI cigarettes brands which include Marlboro, Marlboro Gold, Bond
Street Blue, Chesterfield Mint Burst and Chesterfield Blue. The products
were to be imported into Nigeria by a PMI subsidiary – Philip Morris
International Nigeria Limited
(PMINTL) which was registered as a company
on December 11, 2014 and by May 2015, got the Standards Organisation of
Nigeria (SON) to certify the five PMI brands to be imported into
Nigeria.
Ironically, that certification was obtained the same month that the
National Tobacco Control (NTC) Act was signed into law by former
President, Dr. Goodluck Jonathan.
Again, in July 2015, PMl, through Philip Morris Manufacturing Senegal
Sarl applied for, and got approval of the Senegalese Ministry of
Industry and Mines, to benefit from the ECOWAS Trade Liberalisation
Scheme for the five brands.
A month after, PMINTL Nigeria Limited applied for and secured
approval for the importation of the mentioned brands into Nigeria from
the Federal Ministry of Finance and got approval to import 122 million
“Units” of cigarette.
The products were to be imported between September 1, 2015 and March
31, 2016. A key provision of the NTC Act that experts tie their
aversion to the deal to, is Section 29 which states that anyone
importing cigarettes requires registration with the Ministry of Health
or a license written by the Minister of Health.
There are several questions that follow: Has PMINTL infracted the
law? Does the speed of the entire transaction indicate some infraction
of our national laws? Since PMI subscribed to the ECOWAS TLS to avoid
paying duty and other relevant taxes on the products, what does Nigeria
stand to gain from the entire transaction?
It may not be wrong to say that the 122 million units of cigarettes
are meant for the lungs of Nigerian youths who will get hooked to the
stick in no distant time. Naturally, the multiplier effect will be felt
in terms of upsurge in tobacco-induced illnesses, dislocation of
families whose dependents or wards die and the economic disarticulation
when a skilled worker dies from tobacco illnesses. The list can go on
and on.
In all of this, the quiet on the part of PMINTL and the government agencies that hastened the transaction is a source of worry.
For those who care, if this incident goes uninvestigated it will also
send a wrong message to the international community that the Nigerian
government is not ready to take on Big Tobacco corporations whenever
they flout the nation’s laws.
The relentless effort of the tobacco industry in undermining
anti-tobacco legislation is not in Nigeria alone. In East Africa BAT was
found to have bribed lawmakers to undermine tobacco control
legislation. Paul Hopkins a former staff turned whistleblower made the
disclosure in a widely publicized documentary aired by the British
Broadcasting Corporation (BBC) in 2015.
In the case of PMINTL alleged illegal importation of cigarettes into
Nigeria, security agencies should commence investigation to ascertain
the veracity and if the company is found to have breached the nation’s
laws, appropriate sanctions should be imposed to send a clear message
that the era of impunity is over and Nigeria. Anything short of this is
an anomaly.
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