The Federal Ministry of Health and Social Welfare (FMOHSW) has informed the Federal High Court in Lagos that the National Agency for Food and Drug Administration and Control (NAFDAC) possesses full statutory authority to enforce the nationwide ban on the production and sale of alcoholic beverages in sachets, PET bottles, and glass bottles below 200ml.
In a counter-affidavit filed on February 23, 2026, the ministry stated that it neither interferes nor has ever interfered in NAFDAC’s regulatory operations. According to the ministry, it is not an enforcement agency of the Federal Government and therefore lacks the authority to direct, halt, or prevent NAFDAC from carrying out its statutory functions.
The suit, marked FHC/L/CS/2568/25, was instituted by the Socio-Economic Rights and Accountability Project (SERAP) against the Minister of Health and Social Welfare as first defendant, and the Attorney-General of the Federation as second defendant, representing the Federal Government, including the Office of the Secretary to the Government of the Federation.
SERAP is seeking several declaratory and injunctive reliefs, including a declaration that the sachet alcohol ban is a valid regulation under the NAFDAC Act and that the Minister of Health has no legal authority to grant or extend any moratorium on its enforcement. The group is also asking the court to restrain the defendants from interfering with NAFDAC’s enforcement responsibilities.
In its originating summons dated December 15, 2025, SERAP argued that continued delay in enforcing the ban contravenes the National Health Act, 2014; the NAFDAC Act; the Spirits Drink Regulation, 2021; and a Memorandum of Resolution executed on December 19, 2018, all of which, it said, collectively mandate a nationwide prohibition of sachet alcohol.
The ministry, however, maintained that NAFDAC is a statutory body established under the NAFDAC Act with clear regulatory and enforcement powers over food, drugs, and related products, including alcoholic beverages. It cited Sections 5 and 30 of the Act as the legal basis for the agency’s authority.
According to the ministry, the Minister of Health and Social Welfare has not granted any further extension of the moratorium on the enforcement of duly issued regulations, including the prohibition on sachet alcohol. It further described allegations of ministerial interference in NAFDAC’s processes as speculative and unsupported by evidence.
SERAP, through its counsel Mofesomo Tayo-Oyetibo, SAN, and a team of lawyers from Tayo Oyetibo LP, is also seeking a perpetual injunction restraining the defendants, their agents, and all persons acting through them from extending any moratorium or obstructing NAFDAC’s statutory mandate under Sections 5 and 30(c) of the NAFDAC Act, the Spirits Drink Regulation, and the 2018 Memorandum of Resolution.
The civil rights organisation contended that sachet alcohol — often inexpensive, highly potent, and easily accessible — has contributed to increasing cases of alcohol abuse, particularly among young people and low-income communities.
The Federal High Court is expected to fix a date for hearing in the matter.