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• Court Dismisses Tobacco Firms' Applications  

A Lagos High Court has dismissed three applications seeking to strike out the names of International Tobacco Company Limited, British American Tobacco Plc and British American Tobacco (investment) Limited from the $21 billion suit instituted by the Lagos State Government and Environmental Rights Action/Friends of the Earth, Nigeria (ERA/FoEN).

Ruling on the Notice of Preliminary Objection brought by the three defendants pursuant to Order 3 Rule 9 and Order 6 Rule 10 of the Lagos State [Civil Procedure] Rules 2004 and Section 98 and 99 of the Sheriffs and Civil Process Act. Cap 56, 2004, the trial judge, Justice Bukola Raliatu Adebiyi, held that the three tobacco companies are necessary parties to the suit and that their presence would be necessary to enable the court effectively and completely adjudicate on the suit.

The Judge said, "The court finds upon careful perusal of the Statement of Claim that the 3rd and 4th defendants are necessary parties to the suit as the presence will be necessary to enable the court effectively and completely adjudicate upon and settle all the questions in controversy.

" Following from the above reasoning, the court finds that the suit against the 2nd, 3rd and 4th defendants are not liable to be struck out. In accordance with the above findings the applications of the 2nd, 3rd, and 4th defendants fail in their entirety and are accordingly dismissed."

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