Nigeria Violates WHO and ECOWAS Tobacco Tax Regulations, NTCA Sounds Alarm
Nigeria has been identified as breaching critical provisions of the World Health Organization Framework Convention on Tobacco Control (WHO FCTC) and failing to comply with excise tax directives established by the Economic Community of West African States (ECOWAS). This development raises significant concerns regarding the nation's dedication to tobacco control and the protection of public health. The issue was the central focus of discussions at a one-day stakeholder engagement held in Abuja, where the Nigerian Tobacco Control Alliance (NTCA), with support from Corporate Accountability and Public Participation Africa (CAPPA), presented findings from the 2025 Nigeria Tobacco Industry Interference Index.
Taxation Shortfalls and Public Health Implications
The report reveals that Nigeria falls substantially short of globally accepted benchmarks for tobacco taxation, which is widely recognized as one of the most effective strategies for reducing tobacco consumption. The World Health Organization recommends that excise taxes constitute at least 70 percent of the retail price of tobacco products, while ECOWAS mandates a minimum 50 percent ad valorem excise tax across member states. Nigeria has yet to meet either of these thresholds, according to the findings.
Stakeholders have warned that this gap maintains tobacco products at relatively affordable prices, particularly for young people and low-income earners, thereby undermining public health objectives. Beyond consumption concerns, the NTCA emphasized that weak taxation represents a missed fiscal opportunity, depriving the government of revenue that could be reinvested in healthcare delivery and the prevention of non-communicable diseases.
Industry Interference and Policy Manipulation
Beyond taxation, the report paints a troubling picture of entrenched tobacco industry interference in Nigeria's policy environment. Presenting the findings, CAPPA Executive Director Akinbode Oluwafemi described the situation as systemic, citing patterns of policy manipulation, weak regulatory enforcement, and sustained engagement between tobacco companies and public institutions.
A major concern highlighted in the report is the growing normalization of tobacco industry-led corporate social responsibility (CSR) initiatives. The British American Tobacco Nigeria Foundation was identified as a key driver of such programs, funding projects in agriculture, water supply, and education, often in collaboration with government agencies across several states. According to the NTCA, these initiatives are not purely philanthropic but strategic—designed to build goodwill, secure political access, and influence policy outcomes. The alliance stressed that such engagements 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 Overlaps and Transparency Deficits
The report also flagged the continued involvement of tobacco companies in regulatory and legislative processes. During deliberations on proposed amendments to the National Tobacco Control Act in 2024, representatives of tobacco firms—including British American Tobacco Nigeria—were said to have actively participated, advocating positions aligned with industry interests.
Stakeholders, including Olawale Makanuola, Zikora Ibeh, and Mary Assunta, raised concerns about overlapping institutional mandates, warning that such ambiguities create loopholes that can be exploited by industry actors. Particularly contentious is the role of the Federal Ministry of Industry, Trade and Investment, which reportedly drafted regulations on non-combustible tobacco products—an area traditionally within the purview of health authorities. Stakeholders argued that this overlap risks undermining coherent public health policy and opens the door to regulatory capture.
Further concerns were raised about the Standards Organisation of Nigeria (SON), which continues to include tobacco industry representatives in its technical committees—effectively granting them influence over standards-setting processes. Transparency deficits also featured prominently in the findings. Although Nigeria's tobacco control laws require disclosure of interactions between government officials and tobacco companies, compliance remains weak. Most engagements are not proactively disclosed and only come to light through media reports. Stakeholders said this lack of transparency limits public oversight and erodes trust in regulatory institutions.
Conflict of Interest and Enforcement Weaknesses
The issue of conflict of interest was also highlighted. While no confirmed cases of former public officials joining the tobacco industry were recorded during the review period, concerns persist over alleged links between serving officials and industry actors. Reference was made to reported associations involving a principal officer of the House of Representatives, underscoring the need for stricter ethical safeguards and disclosure requirements.
In addition, enforcement of provisions such as the prohibition of political donations from tobacco companies 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 tobacco industry interference. There are no clearly defined procedures for documenting government interactions with tobacco companies, nor structured training programs to educate public officials on their obligations under Article 5.3 of the WHO FCTC.
Call for Urgent Reforms and Future Outlook
To address these gaps, stakeholders called for urgent reforms, including:
- The adoption of a robust and predictable tobacco tax regime aligned with WHO and ECOWAS standards.
- A comprehensive ban on tobacco industry CSR activities within public institutions.
- The full exclusion of tobacco industry actors from policymaking processes.
- The establishment of a transparent, publicly accessible register of all government-industry interactions.
- Immediate enforcement of the 60 percent pictorial health warning requirement on tobacco packaging, as stipulated in the National Tobacco Control Regulations, 2019.
- Stronger conflict-of-interest rules for public officials.
Stakeholders warned that Nigeria's continued breach of international and regional tobacco control obligations—combined with weak enforcement and rising industry influence—poses a serious threat to public health. They stressed that without decisive action to strengthen regulation, improve transparency, and insulate policymaking from corporate interests, Nigeria risks deepening its exposure to the harmful effects of tobacco use while falling further behind global best practices.
