Enforcing Law Against Smoking In Public Places

There are several laws in Nigeria that exist only in principle. This is because since their enactment and passage they are never enforced. In fact, such laws exist only on paper and in the imagination of people who have a good memory about them but in reality they never did.

The heart beat of the non-smoking populace in Rivers State is that the law on Ban of Smoking  in Public Places should not be consigned to history as one of such “bad” laws that lacked enforcement.

Indeed, the Rivers State House of Assembly, whose constitutional obligation it is to legislate on matters in the (best) interest of the people has over the period of its legislative sessions enacted laws which are considered to be in the best interest of the people of the state.

One of such laws is the Ban on Smoking in Public Places. This law is so fundamental and critical to life in view of the danger cigarette smoking poses to the health of both smokers and non-smokers.

The litany of clarion warnings by the federal ministry of Health that, “Smokers are liable to die young” heightens public anticipation for the quick passage of a law to stem the gory trend.

In fact, medical and health personnel aver that not only smokers but the non-smokers are vulnerable to the variegated cases of smoking in the public. No doubt, the Rivers State House of Assembly has done a good job.

This is why for anyone who savours and has regard for the sanctity of human lives, the enforcement of the law on Ban of Smoking in Public Places must be given teeth, and defaulters, no matter how highly placed in society, made to face the wrath of the law.

It is pertinent to state that since the state House of Assembly did not define what a “Public Place” is but reportedly relied on the provision of the “criminal code” on what constitutes in public place, it behoves the law enforcement agencies in the state, precisely the Nigerian Police, Rivers State Command to embark on a public enlightenment as to what the term “Public Place” denotes.

The enlightenment on the clause should not be left for public assumption thus creating a presentiment for flagrant violation of the law, though, “ignorance of the law is not an excuse to indulge in crime or misdeamenour with the intention of escaping justice.

It must be sounded that the law on the Ban of Smoking in Public Places is the people’s law, it will protect children from the nuseating consequences.

The benefit of the law cannot be exhausted in this article: it will stimulate lack of interest in smoking thus curbing the tendency of breeding a generation of smoking youths, it will reduce the number of tobacco – related deaths especially the unsuspecting public who are vulnerable to such ailments through smoking in public places. It helps to domesticate and legitimatise the federal ministry of health’s warning on the danger tobacco smoking poses to health. The law also gives temerity and effeontry to every resident in Rivers State, who has reasonable proof that his life is threatened, to challenge or take necessary legal action on anyone who recaclitrantly violates the law.

And if the law is enforced, in course of time, smoking will be so unappealing that people who hitherto were smokers or would –be smokers, will jettison the practice as unfashionable and sheer waste of money even as dissidents would be viewed as law-breakers risking prosecution and imprisonment.

Kudos therefore to the Rivers State House of Assembly and the contributors to the public hearing on this bill for its passage into law.

The ball is now in the court of the law enforcement agents in the state, I hope they cannot fail and truncate a million dollar process to rid our society of the danger smoking in the public poses.

May the Nigeria Police in particular carve a niche for itself by enforcing this law to the letter within the nooks and crannies of the state.

The Police should ensure that the principle of equality before the law holds sway. They should endeavour to enforce this law and reduce the associated risks.

However, where there is reasonable evidence that this law is not enforced, the state House of Assembly should as a matter of public interest call on the relevant law enforcement agents to brace up to this challenge.

Otherwise, resources pooled to come up with this law would be deemed wasted.

Igbiki Benibo