Last updated: July 26, 2021
Duties / Penalties
Post signs
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.
Remove ashtrays
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
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
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 to smoke where prohibited
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.
