Nigerian court upholds cigarette seizures

A federal high court in Abuja has upheld the right of Nigeria’s Consumer Protection Council (CPC) to impound cigarettes that do not conform to packaging regulations, according to a story in ThisDay.

Creation Commercial Ventures Ltd. (CCV), said to be the sole distributor of Superkings cigarettes in Nigeria for Imperial Tobacco, had challenged the CPC’s powers to confiscate cigarettes imported into the country.

In its application, the company had sought a court order for the immediate release of the 3,000 cartons of cigarettes seized and an injunction restraining CPC from further seizing and detaining its products.

The company sought also NGN300 million in damages from the CPC.

The CPC argued that the seizures were within its powers.

It said that the health warning on the Superkings packs did not conform to the requirements of the Nigerian Industrial Standard and that the name and address of the manufacturer or distributor were not legibly marked on each side of the packs, as was required.

Justice Evoh Stephen Chukwu held that the right to property was not absolute.

He found that the CPC had shown that the cigarettes in question were not in conformity with the laws and regulations of the country, and he dismissed CCV’s application.