Its lawyer, Mr. Kola Awodein (SAN), asked the court to determine its competence to entertain the suit, insisting that the issue of jurisdiction must be heard first.

This, he said, was germane to the instant suit as the company’s preliminary objection was fundamental to the entire suit, adding, until it was resolved, the matter would not proceed.

However, the court, presided over by Justice Oluwatoyin Atinuke Ipaye, has fixed July 3, for argument.

The Lagos State government in conjunction with the Environmental Rights Action and Friends Of the Earth Nigeria (ERA/FOEN), had a month ago, asked the court to compel the BAT to pay $21,617,605, 885 in damages for an alleged "deception and fraudulent practices of targeting and marketing their products to young and underage persons."

Besides, the initiators of the suit, sought for an order, banning sales of BAT’s products to "children and underage persons," with a view to regulating tobacco smoking in the state.

They harped on the attendant health hazard it allegedly posed to the people of Lagos State.

Defending the suit alongside BAT are its allies in the overseas.

They are the International Tobacco Limited (ITL), British-American Tobacco Plc., British-American Tobacco Investment Limited (BATIL), Philips Morris International (PMI) and the Tobacco Institute (TI).

Already, the state had on May 4, secured the nod of the court to put BAT overseas’ partners on notice with a view to intimating the companies of the case initiated against them by the state.

Citing cases of 9,527 victims of tobacco related diseases in Lagos hospitals, the state specifically sought for the following relief among others.

*an order of mandatory injunction, restraining the defendants, their successors-in-title, privies and or agents from marketing, promoting, distributing and sale of tobacco related products to minors or under age persons.

* an order of mandatory injunction, restraining the defendants from representing or portraying to minors or persons under the age of eighteen, any alluring and/misleading image regarding tobacco related products whether by direct depictions, pictorials, advertorials, images, words, messages, sponsorships, branding and/through overt or covert and/subliminal means:

* an order of mandatory injunction, compelling the defendants to fund a tobacco control programme, to be administered and controlled by an independent third-party to be appointed by the Lagos State government, targeting minors and young persons under 18-years;

* an order of mandatory injunction, restraining the defendants from marketing, distributing, selling or putting into the stream of commerce either by themselves or through their distributions, agents, resellers, trade partners and/marketers, any related products of whatever make or brand within Lagos State;

* an order of perpetual injunction, restraining the defendants and their officers, agents, servants and employees and those in active concert or participation with them from continuing or engaging in such conduct or other conduct having similar purpose or effect with the subject matter of this complaint or statement of claim; and

* an order of injunction, compelling the defendants to publicly disclose, disseminate and publish all research previously conducted directly or indirectly by themselves and their respective agents, parent or subsidiary companies, affiliates, servants, officers, directions, employees and all persons acting in concert with or for them that relates to the issue of smoking and health.