TOBACCO SMOKING (CONTROL) ACT

ARRANGEMENT OF SECTIONS

SECTION

1.   Control of tobacco smoking.

1. Restriction on tobacco smoking advertisement.
2. Tobacco packages to contain certain information.
3. Penalties for smoking, etc., in prohibited areas.
4. Penalty for advertising, selling, etc., of tobacco.
5. Interpretation.
6. Short title.

SCHEDULES

An Act to provide for the control of smoking in certain places and advertisement of
tobacco in Nigeria.

[1990 No. 20.]

[1st October, 1990;   1st June, 1990]
[Commencement. S.1. 7 of 1990. S.1. 18 of 1990.]

1. Control of tobacco smoking

No person shall, as horn the commencement of this Act, smoke tobacco in the places
specified in the First Schedule to this Act.

[First Schedule.]

1. Restriction on tobacco smoking advertisement

(1) In pursuance of this Act, no person shall advertise tobacco products to the general
public in a bid to encourage tobacco smoking through any of the means specified in the
Second Schedule to this Act unless the advertisement contains a warning that tobacco
smoking is dangerous to health.

[Second Schedule.]

(2) Pursuant to subsection (1) of this section, no tobacco industry, firm or association
of individuals or any other body corporate shall sponsor or pro mole any of their products
at any sports event sponsored or promoted by them.

3. Tobacco packages to contain certain information

(1) Except as provided by this Act, no package containing tobacco products meant for
smoking shall be sold in Nigeria, unless the following rotating warnings are inscribed on
the package, that is-

(a)        “The Federal Ministry of Health warns that tobacco smoking is dangerous to
health”; and

(b)        “Smokers are liable to die young”.

(2) Pursuant to subsection (1) of this section, it shall be unlawful for any person to
sell any tobacco product in Nigeria unless the amount of the tar and nicotine contents of
each unit of the product is stated on the package.

4. Penalties for smoking, etc., in prohibited areas

Any person who smokes tobacco contrary to the provisions of this Act shall be guilty
of an offence under this Act and shall be liable on conviction to a fine of not less than
N200 and not exceeding N 1,000 or to imprisonment to a term of not less than one month
and not exceeding two years or to both such fine and imprisonment.

5. Penalty for advertising, selling, etc., of tobacco

(1) Any person who advertises, sells or offers for sale any tobacco product otherwise
than in compliance with the provisions of this Act shall be guilty of an offence under this
Act and shall be liable, on conviction, to a fine of not less than NS,OOO.

(2) Where an offence under this Act is committed by a body corporate or firm or
other association of individuals-

     (a)       every director, manager, secretary or other similar officer of the body corpo-
rate;

(b)       every partner or officer of the firm;

(c)        every person concerned in the management of the affairs of the association; or

(d)       every person who was purporting to act in any such capacity as aforesaid,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding
N 5,OOO or to imprisonment for a term not exceeding three years or to both such fine and
imprisonment as if he had himself committed the offence, unless he proves that the act or
omission constituting the offence took place without his knowledge, consent or conniv-
ance.

6. Interpretation

In this Act, unless the context otherwise requires-

“tobacco” includes manufactured and unmanufactured tobacco of every description
which is processed and used for smoking in pipes, cigars and cigarettes.

7. Short titleThis Act may be cited as the Tobacco Smoking (Control) Act.

SCHEDULES

FIRST SCHEDULE

[Section I.)

(a) Cinema, theatre or stadium;

(b) Offices;

(c) Public transportation;
(d) Lifts;

(e) Medical establishments;
(f) Schools; and

(g) Nursery institutions.

SECOND SCHEDULE
[Section 2 (1 ).]

(a) Newspapers;
(b) Magazines;
(c) Radio;

(d) Television;
(e) Cinema;

(f) Bill boards; and
(g) Handbills.

SUBSIDIARY LEGISLATION

No Subsidiary Legislation