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Term --FCTC-Based Definition Nigeria
Workplace View Definition

An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)

Defined
Yes
Analysis

The definitions of “workplace” contained in the National Tobacco Control Act and the National Tobacco Control Regulations align with the definition of “workplace” provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Transport View Definition

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

Defined
Yes
Analysis

The definition of “public transport” contained in the National Tobacco Control Act aligns with the definition of “public transport” provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Second Hand Smoke (or similar term) View Definition

The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)

Defined
Yes
Analysis

The definition of “second hand smoke” contained in the National Tobacco Control regulations aligns with the definition of second hand smoke provided in the FCTC Art. 8 Guidelines. However, a definition is not strictly necessary to interpret the law because the law prohibits or restricts “smoking” in listed places, rather than prohibiting “exposure to second hand smoke.”

Not Applicable
Not Applicable
Smoking or Smoke View Definition

Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)

Defined
Yes
Analysis

The definition of “smoking” contained in the National Tobacco Control Act aligns with the definition of smoking provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Place View Definition

An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)

Defined
Yes
Analysis

The definitions of “public place”  and "public areas" contained in the National Tobacco Control Act and National Tobacco Control Regulations align with the definition of “public place” provided in the FCTC Art. 8 Guidelines. 

Not Applicable
Not Applicable
Tobacco Product View Definition

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Defined
Yes
Analysis

The definition of “tobacco products” contained in the National Tobacco Control Act aligns with the definition of “tobacco product” provided by FCTC Art. 1(f).

Not Applicable
Not Applicable
Indoor or Enclosed View Definition

Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)

Defined
Yes
Analysis

The definition of “enclosed” contained in the National Tobacco Control Act aligns with the definition of “enclosed” provided by the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Nigeria
All indoor workplaces
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The National Tobacco Control Act restricts smoking in indoor workplaces. The Act states that smoking is prohibited in enclosed public places listed in the Second Schedule, which includes a “workshop, factory, offices, and other workplace”. Section 9 provides that designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas must not occupy more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.  

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces.

Not Applicable
Not Applicable
All indoor public places
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The National Tobacco Control Act restricts smoking in indoor public places. The Act states that smoking is prohibited in enclosed public places listed in the Second Schedule, which include healthcare facilities, primary and secondary education facilities, shops, police stations and prisons, higher education facilities, transport facilities, theaters, cinemas, stadiums and arenas, and bars and restaurants. Section 9 provides that designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas must not occupy more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places.

Not Applicable
Not Applicable
All public transport
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The National Tobacco Control Act prohibits smoking in a “tricycle, vehicle, aircraft, sea vessel, railway coach, lift or any means of public transportation, except in a vehicle exclusively occupied by the owner”. Further, the provisions allowing designated smoking areas (Secs. 9(2) and 9(3)) refer solely to “rooms” and thus, cannot be applicable to public transport where there are no rooms. Therefore, the Act is interpreted as prohibiting smoking in public transportation. Further, the National Tobacco Control Regulations prohibits smoking in any outdoor areas of public transport. 

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public transportation.

Not Applicable
Not Applicable
Government facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The National Tobacco Control Act does not specifically address smoking in government facilities. However, the Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “offices, and other workplace; except where designated smoking areas are provided.” Because government facilities are workplaces for government workers, smoking in government facilities is restricted. Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including government facilities.

Not Applicable
Not Applicable
Private offices
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “workshop, factory, offices, and other workplace; except where designated smoking areas are provided.”

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces, including in private offices.

Not Applicable
Not Applicable
Hospitals
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “clinic, maternity, hospital and other medical facilities.”

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including hospitals.

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “clinic, maternity, hospital and other medical facilities.”

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including public areas of residential healthcare facilities.

Not Applicable
Not Applicable
Non-residential healthcare facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “clinic, maternity, hospital and other medical facilities.”

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including in non-residential healthcare facilities.

Not Applicable
Not Applicable
Childcare facilities/preschools
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “crèche, primary school and secondary school.”

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including in childcare facilities and preschools.

Not Applicable
Not Applicable
Primary and secondary schools
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “crèche, primary school and secondary school.”

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including in primary and secondary schools.

Not Applicable
Not Applicable
Universities/vocational facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “college of education, monotechnic, polytechnic, universities and any other educational institution or training center, except where designated smoking areas are provided.”

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including in universities and vocational facilities.

Not Applicable
Not Applicable
Shops
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule completely prohibits smoking in “sales shop, shopping mall, market or any other place where the members of the public gather to trade in goods or services.”

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including in shops.

Not Applicable
Not Applicable
Cultural facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “theatre, cinema hall, arena, stadia and other sporting, leisure or recreational facility except where designated smoking areas are provided.”

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including cultural facilities.

Not Applicable
Not Applicable
Indoor stadium/arenas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “theatre, cinema hall, arena, stadia and other sporting, leisure or recreational facility except where designated smoking areas are provided.”

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including stadiums and arenas.

Not Applicable
Not Applicable
Restaurants
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “cafeteria, restaurant, and any other place for public refreshment and hospitality; except where designated smoking areas are provided.”

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including restaurants.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “cafeteria, restaurant, and any other place for public refreshment and hospitality; except where designated smoking areas are provided.”

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including in bars, pubs, and nightclubs.

Not Applicable
Not Applicable
Casinos
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “cafeteria, restaurant, and any other place for public refreshment and hospitality; except where designated smoking areas are provided.” This is interpreted as including casinos.

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including in casinos.

Not Applicable
Not Applicable
Hotels/lodging - public areas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “cafeteria, restaurant, and any other place for public refreshment and hospitality; except where designated smoking areas are provided.” The “hospitality” sector includes hotels.

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including public areas of hotels.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “cafeteria, restaurant, and any other place for public refreshment and hospitality; except where designated smoking areas are provided.” The “hospitality” sector includes hotels.

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including guest rooms of hotels.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule completely prohibits smoking in “police station, prisons and any other place where prisoners or crime suspect are kept or held in custody.”

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including in prisons and detention facilities.

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The National Tobacco Control Act prohibits smoking in a “tricycle, vehicle, aircraft, sea vessel, railway coach, lift or any means of public transportation, except in a vehicle exclusively occupied by the owner.” Further, the provisions allowing designated smoking areas (Secs. 9(2) and 9(3)) refer solely to “rooms” and thus, cannot be applicable to public transport where there are no rooms. Therefore, the Act is interpreted as prohibiting smoking in trains, buses, and other shared ground transportation. Further, the National Tobacco Control Regulations prohibits smoking in any outdoor areas of public transport.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in trains, buses, and other shared ground transportation.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The National Tobacco Control Act prohibits smoking in a “tricycle, vehicle, aircraft, sea vessel, railway coach, lift or any means of public transportation, except in a vehicle exclusively occupied by the owner.” Further, the provisions allowing designated smoking areas (Secs. 9(2) and 9(3)) refer solely to “rooms” and thus, cannot be applicable to public transport where there are no rooms. Therefore, the Act is interpreted as prohibiting smoking in taxis. Further, the National Tobacco Control Regulations prohibits smoking in any outdoor areas of public transport.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in taxis.

Not Applicable
Not Applicable
Commercial aircraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The National Tobacco Control Act prohibits smoking in a “tricycle, vehicle, aircraft, sea vessel, railway coach, lift or any means of public transportation, except in a vehicle exclusively occupied by the owner.”

Further, the provisions allowing designated smoking areas (Secs. 9(2) and 9(3)) refer solely to “rooms” and thus, cannot be applicable to public transport where there are no rooms. Therefore, the Act is interpreted as prohibiting smoking in commercial aircraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in commercial aircraft.

Not Applicable
Not Applicable
Commercial watercraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The National Tobacco Control Act prohibits smoking in a “tricycle, vehicle, aircraft, sea vessel, railway coach, lift or any means of public transportation, except in a vehicle exclusively occupied by the owner.” Further, the provisions allowing designated smoking areas (Secs. 9(2) and 9(3)) refers solely to “rooms” and thus, cannot be applicable to public transport where there are no rooms. Therefore, the Act is interpreted as prohibiting smoking in commercial watercraft. Further, the National Tobacco Control Regulations prohibits smoking in any outdoor areas of public transport.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in commercial watercraft.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “bus stop, vehicle park, seaport, airport, rail service; except where designated smoking areas are provided.”

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

The National Tobacco Control Regulations provide additional restrictions on the placement, operation and construction of any designated smoking area. Where those requirements cannot not be met, smoking is prohibited in the entire enclosed public place or workplace.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including in public transport facilities.

Not Applicable
Not Applicable
Nigeria
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
Yes
Yes
Not Applicable
Not Applicable
Nigeria
Post signs
Yes
Yes
Analysis

The National Tobacco Control Act imposes a duty upon “a person who owns, controls or occupies a place” where smoking is prohibited to display no-smoking signs in a permanent form and in a prominent area. The National Tobacco Control Regulations prescribe the signage requirements. 

A person who fails to comply with signage requirements is subject to a fine of not less than N100,000 or imprisonment for a term of not less than two years, or both. A corporate entity that violates this provision is subject to a fine of not more than N200,000.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it provides for a range of penalties that are sufficiently large to deter violations and imposes larger penalties to deter business violators.

Not Applicable
Not Applicable
Remove ashtrays
Yes
Yes
Analysis

The National Tobacco Control Regulations require any owner, manager or any person in charge of a prohibited smoking area to remove ashtrays. 

A person who fails to comply with these requirements is subject to a fine of not less than N50,000 or imprisonment for a term of not more than one year, or both. 

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a duty upon business owners, employers, and supervisors to remove ashtrays and provides for a range of penalties that are sufficiently large to deter violations

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
Yes
Yes
Analysis

The National Tobacco Control Act imposes a duty upon “a person who owns, controls or occupies a place” to “take reasonable steps to discourage and stop any person from smoking where it is prohibited, including (i) asking the person not to smoke, (ii) discontinuing service, (iii) asking the person to leave the premise or public transport vehicle when it is safe to do so, and (iv) contacting law enforcement or other appropriate authority where necessary.”

A person who fails to comply with these requirements is subject to a fine of not less than N100,000 or imprisonment for a term of not less than two years, or both. A corporate entity that violates these provisions is subject to a fine of not more than N200,000.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it provides for a range of penalties that are sufficiently large to deter violations and imposes larger penalties to deter business violators.

Not Applicable
Not Applicable
Not to smoke where prohibited
Yes
Yes
Analysis

The National Tobacco Act imposes a duty upon smokers not to smoke where prohibited. Those that violate this provision are subject to a fine of not less than N50,000 or imprisonment of not less than six months, or both.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a range of fines and penalties upon those that smoke where prohibited.

Not Applicable
Not Applicable
Other
No
No
Not Applicable
Not Applicable
Nigeria
Are sub-national jurisdictions permitted to have smoke-free laws?
Yes
Yes
Not Applicable
Not Applicable