In June 2004, 168 member states
of the World Health Organization (WHO) appended their signatures to the
Framework Convention on Tobacco Control (FCTC) treaty. The FCTC stands out
uniquely amidst volumes of treaties facilitated by the United Nations being
the first multilateral agreement regarding a chronic, non-communicable disease
and the most quickly ratified treaties in the history of the United Nations.
Since its ratification, countries
such as Seychelles, Ukraine, Japan, Australia and regions such as European Union and Caribbean states have successfully domesticated the
FCTC within their territories and are today beneficiaries of improved public
health.
Unfortunately, Nigeria is yet to
join the league of nations who through local laws have demonstrated
determination to give priority to the right to protect public health despite becoming a party to the framework on October 20, 2005.
In the seven years and six months that have rolled by since then, several organisations, groups and
persons have laboured assiduously towards the realization of a legally binding
Tobacco Control Bill in Nigeria.
A draft bill sponsored by Senator Olorunnimbe Mamora,
the Senate Minority Leader was presented before
the sixth session of the Nigerian Senate in 2009 and a public hearing was conducted by the Senate Committee on Health under the chairmanship of Senator Iyabo Obasanjo. Present at this event were representatives of the
Manufacturers Association of Nigeria, British American Tobacco, Association of
Tobacco Farmers and about 45 local and international NGOs.
Despite a two week deadline
issued by the Senate president, Senator David Mark to the Committee on Health
to submit its report on the public hearing,
further legislative process on the bill was stalled due to absence of the Committee's Chairperson.
Two years after this, the Senate in a unanimous vote passed the National Tobacco Control bill specifically on March 14, 2011 and on May 31, 2011 the House of Representatives followed suit by giving
concurrent passage.
Afterwards, the approved bill was
forwarded to the President, Dr. Goodluck Jonathan for his assent but sadly,
days, weeks, months and a year went by without any positive feedback from his
office. Anyone familiar with Nigeria's political process will know that at
the close of a legislative session, all bills that were passed but not assented
to by the President are more than often annulled by the new legislative
session. In view of this, concerned stakeholders engaged the seventh
session of the National Assembly sworn-in in 2012 so as to clarify the status of bills passed
during the sixth session.
To allay these fears, the Deputy
Speaker, Emeka Ihedioha on August 22, 2012 gave assurances that the National
Assembly will do all within its powers to clear any misunderstanding with the
executive and that the bills sent to the Presidency from the sixth National
Assembly will not be annulled.
In spite of this, the National Tobacco Control bill remains stuck at the Presidency.
At present, new silver linings
have emerged as a member of the House of Representative, Honourable Dayo
Alebiosu and a member of the upper house, Senator Ifeanyi Okowa have presented new Tobacco Control bills before both the upper and lower chambers of the National
Assembly. Also, the Federal Ministry of Health is leading efforts to submit
an Executive sponsored bill to the legislature.
It has been a rough, narrow and
hardy route towards domesticating the WHO FCTC in Nigeria and reaping its
accrued benefits in improved public health. We hope the new bill sponsors in the
Senate, House of Representatives and Executive will collaborate and stand as an
imminently victorious formidable force that will facilitate successful passing
and signing of the National Tobacco Control bill into law.
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