Philip Morris was joined in the suit as the fifth defendant. The Federal Government is yet to effect service on the company since last year when the case was filed. Justice Adamu Umar of a federal high court sitting in Abuja, had ordered that service be effected on the fifth defendant through a substituted means and that the court processes be published in a national daily in Switzerland. But counsel to BATN, Mr Dapo Adeosun, told the court that the Swiss government, through a letter to the Ministry of Justice in Abuja, protested the mode of service. At the last adjourned date, the Federal Government accused Philip Morris of evading service in the suit it filed against British American Tobacco Nigeria Limited and four other companies over production and marketing of tobacco products in the country. In his submission to the court, Adeosun said, “this court granted an order to serve the fifth defendant in this case with the court processes by placing an advertisement in a national daily in Switzerland. Before this order could be carried out, we received a letter of protest from the Federal Ministry of Justice of complaint by the Swiss government about the mode of service.” Adeosun brought a motion ex-parte motion to serve the company through their Embassy in Nigeria. “As a result of this complaint, we have brought a motion ex-parte for an order to serve the fifth defendant through their Embassy here in Nigeria. We ask for an order directing the Chief Registrar of this court to serve the processes to the Swiss Embassy through the Ministry of Justice. Justice Umar granted the request and adjourned the case to the January 9, 2009. At the last adjourned date, counsel to BATN, Mrs Olufunke Adekoya, SAN, told the court that the Federal Government is yet to come out with the fact of the case instituted against it in the court. She said whenever government is ready to pursue the facts of the case before the court, the tobacco company will be ready to take them on. At yesterday’s proceedings, Adekoya said, “the plaintiff (FG) has not come out with the facts of the case. Once they come out with the facts, we will be ready to reply them. We are still keeping our gun powder until the facts of the case is made public.”