March 21, 2008

Tobacco: Court orders substituted service on Philip Morris

A Federal High Court in Abuja Monday ordered the Federal Government to effect service of court process through substituted means on Philip Morris International, Switzerland.
Justice Binta Murtala-Nyako ordered that the court processes relating to the suit be served on the multi-national company by publishing it in a well circulated newspaper in Switzerland.
The judge gave the order at the resumed hearing of the suit filed by the government, demanding N5.3 trillion compensation from three tobacco companies for alleged havoc done to under-aged smokers, through their operations in Nigeria.
The order was sequel to an application by counsel to the government, Mrs Maryam Uwais, complaining of difficulties in effecting service on Philip Morris.
Other defendants to the suit are International Tobacco Limited, British American Tobacco Plc and two of its affiliates.
In the suit, filed by the Attorney General of the Federation, government contended that tobacco related products manufactured and sold by the defendants were addictive and hazardous to the public health.
Specifically, government is seeking a court injunction compelling them and their agents to cease the marketing, promotion, distribution and sale of the products to minors and under-age persons.
The plaintiff also asked for a court order restraining the defendants from representing or portraying to persons under the age of 18, any alluring and misleading image regarding tobacco related products.
It also asked the court to outlaw the sale and distribution of cigarettes products within 1,000 radius of any school, hospitals, cinemas, playhouses, children shopping area, child care facilities and other public areas.
The respondents, government said, should formulate and implement procedure for the verification of age at all points of sales of cigarettes related products.
The government demanded from the defendants N136.3 billion special damages occasioned by the conduct of the companies.
It also demanded N4.8 trillion as anticipatory damages for the future expenses to be borne by the government in paying for the havoc the defendants allegedly caused to public health.”
In addition, the government requested the court to order the companies to pay N130 billion as punitive damages for the companies’ alleged wrongful conduct.

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