Cappa Calls For Transparency On Bat's $110 Million Fine

The Corporate Accountability and Public Participation Africa (CAPPA) has called upon the Federal Competition and Consumer Protection Commission (FCCPC) to disclose the details of the alleged "crimes" committed by British American Tobacco Nigeria (BATN) and its subsidiaries. CAPPA emphasized the need for transparency regarding the violations that led to the unprecedented $110 million fine and urged the FCCPC to make this information public.

In response to the FCCPC's announcement on Wednesday, December 27, 2023, imposing a historic penalty on BATN and its affiliates for serial violations of the nation's laws, including the National Tobacco Control Act, 2015, CAPPA expressed the view that Nigerians have a right to know the impact on their health and the specific laws violated by the tobacco industry.

The FCCPC's statement revealed that the investigation into BATN and its affiliates began on August 28, 2020, and involved substantial evidence gathered through forensic analysis of electronic communication and other information/data.

CAPPA hailed the fine and related measures outlined in the Consent Order as a significant step in holding corporations accountable for violating the nation's laws and statutes. Akinbode Oluwafemi, the Executive Director of CAPPA, commended the FCCPC for taking this "precedent-setting action" and emphasized the importance of making companies like BAT accountable for promoting products that compromise public health.

While applauding the FCCPC's actions, CAPPA expressed concern about the opaque nature of the Consent Order, highlighting that BAT and its officials have evaded criminal prosecution. The group also criticized a provision in the Consent Order that permits BAT to engage in tobacco control advocacy, citing a contradiction with Section 38 of the National Tobacco Control Act 2015.

CAPPA underscored the clarity of Section 38, stating that entities associated with the tobacco industry should not be involved in initiatives related to public health, including youth and public education, as outlined in the National Tobacco Control Act.