FG has no case yet - BATN

Clement Idoko, Abuja - 18.03.2008

British American Tobacco Nigeria (BATN) Limited on Monday told a federal high court in Abuja that the Federal Government is yet to come out with the fact of the case instituted against it in the court.

Counsel to BATN, Mrs. Funke Adekoya, who made this disclosure, said whenever the federal government was ready to pursue the facts of the case before the court, the company would be ready to take it on.

The federal government as at the last adjournment date, accused one of the defendants in the case, a Switz company, Philip Morris International of evading service in the suit it filed against BATN, Limited and four other companies over the production and marketing of tobacco products in the country.

At the proceedings on Monday, Adekoya said, “the plaintiff (FG) has not come out with the facts of the case. Once they come out with the facts, we will be ready to reply them. We are still keeping our gun powder until the facts of the case are made public”.

But counsel to the Federal Governemnt, Mrs Mariam Uwais, told the court that they were yet to serve Philip Moris a copy of the processes, who is joined as the fifth defendant in the suit.

However, Justice Binta Murtala Nyako, ordered that the Switz company be served through substituted means.

Counsel to the Federal Government, Joseph Daudu, had told Justice Nyako that he had made unsuccessful attempts to serve Phillip Morris International which was the 5th defendant in the suit.

He alleged that the Switz company refused to accept the court processes from the courier company that took the envelope containing the processes to it.

Other defendants in the suit are British American Tobacco Limited, British American Tobacco Company Plc. and British American Tobacco Investment Limited.

In the main suit, the Federal Government is seeking an order compelling the defendants to cease the marketing, promotion, distribution, and sale of tobacco related products to minors and under-aged persons.