At a public hearing convened by the House of Representatives Committee on Healthcare Services on November 22, 2024, Corporate Accountability and Public Participation Africa (CAPPA) delivered a presentation that interrogated two proposed amendment Bills to the National Tobacco Control Act (NTCA), 2015.
In our submission, we argued the need for any such review to prioritise public health and provide regulations for addressing new and emerging tobacco products. Speaking during the session, Zikora Ibeh, CAPPA’s Senior Programme Manager, highlighted the urgency of strengthening Nigeria’s tobacco control framework. Ibeh pointed out that existing regulatory gaps not only leave vulnerable populations exposed to the harms of tobacco but also allow the industry to exploit and promote emerging products such as e-cigarettes, snus, smokeless tobacco, and vapes, which are often marketed to young Nigerians as the “new cool” but represent a growing public health threat.
While the discussions for a review offer an opportunity to advance tobacco control in Nigeria, the legislative Bills proposing amendments reveal critical gaps and weaknesses that must be addressed to ensure the amendments align with the overarching goal of safeguarding citizens’ well-being against the profit-driven motives of the tobacco industry.
For instance, HB 1151, which proposes stiffer penalties for breaching smoking regulations, suffers from a big flaw in wrongly citing the title of the Principal Act and the referenced sections for amendments. Specifically, it seeks to revise a “National Tobacco Smoking (Control) Act 2015″—a law that does not exist—which raises concerns about the legislative intent and procedural soundness. At the public hearing, we strongly recommended its withdrawal.
Similarly, HB 47, which seeks to address certain defects in the NTCA 2015, ensure its effective implementation, and close loopholes that may be exploited by the tobacco industry in Nigeria, requires further improvement. We identified critical gaps and shared recommendations to strengthen its current framing and, by extension, the country’s broader tobacco control framework. Some of our recommendations include:
- Strengthening the Law and Regulation to Cover New and Emerging Tobacco Products: Emerging products such as vapes, e-cigarettes, nicotine pouches, heat-not-burn devices, and smokeless tobacco remain largely unregulated under the NTCA 2015. These products, which have rapidly gained traction, are aggressively marketed to youth and often falsely advertised as “safer alternatives.” HB 47’s proposed amendment in Section 12, which addresses tobacco advertising, promotion, and sponsorship bans, or any future amendment Bill, can resolve this challenge by explicitly naming and including new and emerging products under such restrictions to effectively close this regulatory loophole. Additionally, public health authourities should implement a mandatory inclusion of new health promotion leaflets within cigarette packs, tobacco pouches, and other related packaging. These inserts, beyond the existing front-of-pack labelling, should provide clear and actionable information to promote the cessation of tobacco use, vaping, or any other form of nicotine consumption.
- Extend No-Smoking Zones to 100 Meters: HB 47’s proposed 30-meter smoking restriction around schools, daycare centres, and parks is insufficient to protect vulnerable populations, particularly children. This proposal falls short of the 2018 Senate resolution, which mandates a 100-meter buffer around schools. To harmonise with existing national standards, CAPPA recommends expanding this restriction to at least 100 meters. This measure will ensure greater protection from secondhand smoke exposure and prevent the industry from exploiting differences in distance regulations.
- Reintroduce Prohibition on Single-Stick Sales: HB47 proposed amendments to Section 16 of the NTCA 2015 aim to remove provisions related to single-stick sales, a key driver of youth smoking and accessibility. In particular, the proposed deletion of Subsection (2) (b) eliminates specific penalties for key infractions, including the sale of tobacco to minors, pack sales, and internet sales. Single-stick sales make tobacco products more affordable and accessible, particularly to minors and low-income individuals, undermining public health goals. This subsection should be reinstated.
- Preserve the Governance Structure of the National Tobacco Control Committee (NATOCC): HB47’s proposed merger of the Chairperson and Secretary roles under Section 2 of NTCA 2015 centralises power, disrupts operational efficiency and undermines the checks and balances essential for effective governance. Maintaining the separation of these roles is better, with the Secretary appointed from either the Tobacco Control Unit or the Non-Communicable Diseases (NCDs) Control Programme within the Federal Ministry of Health and Social Welfare (FMOHSW) to strengthen the Ministry’s role in public health decision-making processes.
- Regulate Digital Marketing of Tobacco and Emerging Products: The increasing influence of digital platforms in promoting emerging products poses a high threat to public health, particularly as these channels, such as Instagram, Twitter, and Facebook, amongst others, often bypass traditional restrictions and target minors. There is a need for any proposed amendment to the NTCA 2015 to regulate digital marketing comprehensively by providing penalties for platforms and third-party vendors facilitating the promotion or sale of new and emerging tobacco products online.
- Increase Funding Allocation to the Tobacco Control Fund (TCF), Adopt the Polluter-Pays Principle: The proposed amendment of HB 47 to Section 8 of the NTCA 2015, which seeks to establish more predictable and sustainable funding streams for tobacco control initiatives in Nigeria is a welcome development. Notably, a proposed new subsection 2(d) of Section 8 stipulates that 40 percent of all taxes, levies, and excise duties collected from the manufacture, importation, and distribution of tobacco products be allocated to the TCF. This approach aligns with the polluter-pays principle, ensuring that the tobacco industry is held accountable for the harm its products inflict on individuals and society. To further enhance this provision, CAPPA also recommends extending such taxation to emerging products like vapes and heated tobacco products to discourage their consumption and bolster funding for public health programs.
- Strengthen the Role of the Federal Ministry of Health and Social Welfare (FMOHSW) as the Leading Body for Coordinating Tobacco Control Efforts and Maintaining Oversight: The FMOHSW is uniquely positioned to lead and coordinate tobacco control efforts in Nigeria, given its expertise, mandate, and institutional capacity in public health. The FMOHSW, therefore, through the Tobacco Control Unit (TCU) and the National Tobacco Control Committee (NATOCC), should be strengthened with the requisite resources, tools, and capacity needed to perform their duties diligently. These bodies serve as the brainpower and operational engine room of the National Tobacco Control Act.
Retaining the FMOHSW as the primary oversight body for tobacco control in nigeria ensures that policies and initiatives are grounded in evidence-based public health principles rather than being influenced by non-health sectors that may lack the requisite focus or technical expertise. As the national authority responsible for safeguarding the health and well-being of Nigerians, the FMOHSW has a proven track record in collaborating with local and international stakeholders, including the World Health Organisation (WHO), to design and implement effective tobacco control measures that align with Nigeria’s broader public health objectives, such as reducing the prevalence of non-communicable diseases. Any attempt to relocate or shift the implementation of the tobacco control law to another agency would introduce inefficiencies, create loopholes, and open the door to exploitation, potentially undermining tobacco control efforts in Nigeria.
Beyond these recommendations for reviewing HB 47 and any amendments to the NTCA 2015, CAPPA also called on public health authorities and government officials to disengage from collaborations and partnerships with the tobacco industry. Such engagements often provide opportunities for the industry to whitewash its image while undermining public health initiatives.
