Nigeria Accused of Violating WHO, ECOWAS Tobacco Tax and Control Standards
Nigeria Breaches WHO, ECOWAS Tobacco Tax Rules, NTCA Alleges

Nigeria Accused of Breaching WHO and ECOWAS Tobacco Tax and Control Standards

The Nigerian Tobacco Control Alliance (NTCA), with backing from Corporate Accountability and Public Participation Africa (CAPA), has leveled serious accusations against Nigeria for violating key provisions of the World Health Organisation Framework Convention on Tobacco Control and failing to adhere to excise tax directives established by the Economic Community of West African States (ECOWAS). These allegations emerged during a one-day stakeholder engagement held in Abuja, raising significant concerns about the nation's dedication to tobacco control and safeguarding public health.

Taxation Shortfalls and Public Health Risks

According to the 2025 Nigeria Tobacco Industry Interference Index report presented at the event, Nigeria currently falls short of globally accepted benchmarks on tobacco taxation. The WHO recommends that excise taxes constitute at least 70 per cent of the retail price of tobacco products, a strategy proven to reduce consumption by making cigarettes less affordable. Similarly, ECOWAS mandates a minimum 50 per cent ad valorem excise tax on tobacco products across its member states. However, Nigeria has not met either of these thresholds, a situation that stakeholders argue continues to make tobacco products accessible to vulnerable populations, especially young people and low-income earners.

The NTCA warned that this failure to implement stronger tax policies not only undermines public health objectives but also restricts government revenue that could be directed toward healthcare and the prevention of non-communicable diseases. This gap highlights a critical area where policy alignment with international standards is urgently needed to protect citizens and boost fiscal resources.

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Systemic Tobacco Industry Interference

Beyond taxation issues, the report paints a troubling picture of entrenched tobacco industry interference in Nigeria's policy environment. Akinbode Oluwafemi, Executive Director of CAPPA, described the level of industry involvement in governance processes as systemic, manifesting through policy manipulation, weak regulatory enforcement, and sustained engagement with public institutions. A major concern highlighted is the growing normalisation of tobacco industry-led corporate social responsibility (CSR) initiatives.

The British American Tobacco Nigeria Foundation was identified as a key driver of such programmes, funding projects in agriculture, water supply, and education in partnership with government agencies across several states. These initiatives, often publicly endorsed by government officials, were described as a strategic tool used by tobacco companies to build goodwill, secure political access, and influence policy decisions. The NTCA stressed that such engagements directly contravene Article 5.3 of the WHO FCTC, which requires governments to protect public health policies from the vested interests of the tobacco industry.

Regulatory and Transparency Challenges

The report also highlighted the continued participation of tobacco companies in policy and regulatory processes. During legislative hearings on proposed amendments to the National Tobacco Control Act in 2024, representatives of British American Tobacco Nigeria and affiliated groups were said to have actively engaged in debates, pushing for regulatory provisions that favour industry interests. Concerns were further raised by stakeholders, including Olawale Makanuola, Zikora Ibeh, and Mary Assunta, about overlapping mandates within government institutions, which may create loopholes for exploitation.

For instance, the Federal Ministry of Industry, Trade and Investment was noted to have drafted regulations on non-combustible tobacco products—an area traditionally overseen by health authorities—thereby blurring regulatory boundaries and increasing the risk of institutional conflict. Additionally, the Standards Organisation of Nigeria (SON) continues to include tobacco companies in its technical committees, effectively granting them influence over the development of standards that should ideally prioritise public health considerations.

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Transparency and accountability gaps also featured prominently in the findings. Although Nigeria's tobacco control laws mandate disclosure of government interactions with tobacco companies, compliance remains weak. Most such engagements are not proactively disclosed but are uncovered through media reports, limiting public oversight and weakening trust in regulatory institutions. The issue of conflict of interest was also brought to the fore, with concerns persisting regarding links between serving officials and industry actors, including alleged associations involving a principal officer of the House of Representatives.

Weak Enforcement and Recommended Reforms

Despite provisions in the National Tobacco Control Act prohibiting political donations from tobacco companies, enforcement remains weak within Nigeria's broader campaign finance system, which stakeholders described as opaque and difficult to track. The NTCA further observed that Nigeria lacks strong preventive mechanisms to guard against industry interference, noting the absence of clearly defined procedures for documenting meetings between government officials and tobacco companies and no structured training programmes to educate public servants on their obligations under Article 5.3 of the WHO FCTC.

To address these shortcomings, the alliance recommended urgent reforms, including the adoption of a robust and predictable tobacco tax regime aligned with WHO and ECOWAS standards. It also called for a complete ban on tobacco industry CSR activities within public institutions, the exclusion of industry actors from all policymaking processes, and the establishment of a transparent, publicly accessible system for disclosing all interactions with the tobacco industry. Other recommendations include the immediate enforcement of the 60 per cent pictorial health warning requirement on tobacco packaging, as stipulated in the National Tobacco Control Regulations, 2019, and the strengthening of conflict-of-interest safeguards to ensure that public officials declare any affiliations with tobacco companies.