LANGUAGE
Last updated: September 30th 2019

Duties / Penalties

Duty Imposed Upon Business Owners / Employers / Supervisors
Duty Imposed
Sanction(s)
 

Post signs

Yes
Fine, Jail
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 Ministry of Health may promulgate regulations regarding no-smoking signs. These regulations, which must be approved by both Houses of the National Assembly, have not yet been issued.

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 2 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.

Law Source, Section

Remove ashtrays

No
Analysis

The law does not impose a duty upon business owners, employers, and supervisors to remove ashtrays.

To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon business owners, employers, and supervisors to remove ashtrays.

Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)

Yes
Fine, Jail
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 2 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.

Law Source, Section
Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)
 

Not to smoke where prohibited

Yes
Fine, Jail
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 6 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.

Law Source, Section