The Federal Ministry of Health and Social Welfare has informed the Federal High Court that the National Agency for Food and Drug Administration and Control (NAFDAC) holds exclusive legal authority to enforce the ban on alcoholic beverages packaged in sachets, PET bottles, and glass containers below 200 millilitres.
In a counter-affidavit filed on February 23, 2026, the ministry, through its counsel, Jumoke Motilayo Falaye, clarified that it does not interfere with or control NAFDAC’s enforcement actions.
The ministry stressed that it is not an enforcement arm of the Federal Government.
According to the filing, NAFDAC is a statutory body established under the NAFDAC Act, with clearly defined regulatory and enforcement powers over food, drugs, and related products, including alcoholic beverages.
The ministry argued that it lacks the legal authority to direct, restrain, or suspend the agency from executing its statutory mandate.
The ministry further stated that the Minister of Health and Social Welfare has not approved any additional extension of the moratorium on enforcing existing regulations, including the sachet alcohol ban.
Citing Sections 5 and 30 of the NAFDAC Act and other applicable regulations, the affidavit emphasised that all enforcement decisions fall squarely within NAFDAC’s jurisdiction.
It also dismissed allegations of ministerial interference as speculative and unsupported by evidence.
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 Office of the Attorney-General of the Federation, representing the Federal Government and the Office of the Secretary to the Government of the Federation, as second defendant.
The action was filed on SERAP’s behalf by Mofesomo Tayo-Oyetibo (SAN) and other counsel from Tayo Oyetibo LP.
SERAP is seeking court declarations affirming that the sachet alcohol ban is a valid regulation under the NAFDAC Act and that the Minister of Health lacks the legal authority to grant or extend any moratorium on its enforcement.
The organisation is also urging the court to uphold NAFDAC’s independence and ensure nationwide implementation of the prohibition.
Specifically, SERAP is requesting an injunction restraining the defendants and their agents from extending any moratorium on the ban, alongside a perpetual injunction preventing any directive capable of obstructing NAFDAC from enforcing the regulation in line with its statutory responsibilities.
In its originating summons dated December 15, 2025, SERAP argued that continued delays in enforcing the ban contravene existing health and regulatory laws, as well as prior agreements supporting a nationwide prohibition of sachet alcohol.
The group maintained that sachet alcohol, often inexpensive, highly potent, and widely accessible, has significantly contributed to rising alcohol abuse, particularly among young people and low-income communities.