The Federal Ministry of Health and Social Welfare (FMOHSW) has told the Federal High Court in Lagos that the National Agency for Food and Drug Administration and Control (NAFDAC) is legally empowered to enforce the ban on the production and sale of alcoholic beverages packaged in sachets, PET bottles, and glass bottles below 200ml.
In a counter-affidavit filed on February 23, 2026, in response to a suit instituted by the Socio-Economic Rights and Accountability Project (SERAP), the ministry maintained that NAFDAC derives its authority from the NAFDAC Act, which grants it clear regulatory and enforcement powers over food, drugs, and related products, including alcoholic beverages.
Through its counsel, Jumoke Motilayo Falaye, the ministry stated that it neither interferes nor has ever interfered in NAFDAC’s operations, stressing that it is not an enforcement agency of the Federal Government.
According to the ministry, NAFDAC operates as a statutory body with independent regulatory responsibilities, and its actions regarding the alcohol packaging restrictions fall squarely within its legal mandate.
It argued that it has no authority to direct, prevent, or restrain NAFDAC from carrying out its statutory functions.
The ministry further stated that the Minister of Health and Social Welfare has not granted any additional extension of the moratorium on the enforcement of duly issued regulations, including the prohibition on sachet alcohol.
According to the counter-affidavit, NAFDAC’s powers are derived from Sections 5 and 30 of the NAFDAC Act, as well as other applicable regulations.
The ministry insisted that enforcement decisions fall exclusively within the agency’s mandate.
It also told the court that allegations of interference by the Minister in NAFDAC’s enforcement processes are speculative and unsupported by evidence.
The suit, marked FHC/L/CS/2568/25, was instituted by SERAP against the Minister of Health and Social Welfare as the first defendant, and the Attorney-General of the Federation, representing the Federal Government, including the Office of the Secretary to the Government of the Federation, as the second defendant.
Among the reliefs sought, SERAP is asking the court to declare that the sachet alcohol ban is a valid regulation under the NAFDAC Act; that the Minister of Health has no legal authority to grant or extend any moratorium on its enforcement; and that it is unlawful for any federal authority to interfere with NAFDAC’s enforcement responsibilities.
SERAP is also seeking an order affirming that the defendants have a duty to ensure the full nationwide implementation of the ban.
Specifically, the organisation is requesting an injunction restraining the defendants, their servants, agents, privies, and any persons acting through them from extending any moratorium on the sachet alcohol ban.
It is further seeking a perpetual injunction restraining them from directing, preventing, blocking, or stopping NAFDAC from enforcing the prohibition in line with its statutory functions under Sections 5 and 30(c) of the NAFDAC Act, the Spirits Drink Regulation, and the Memorandum of Resolution executed on December 19, 2018.
In its originating summons dated December 15, 2025, SERAP argued that continued delay in enforcing the ban violates the National Health Act, 2014, the NAFDAC Act, the Spirits Drink Regulation, 2021, and the Memorandum of Resolution of December 19, 2018, which collectively mandate a nationwide prohibition of sachet alcohol.
The group contended that sachet alcohol, often cheap, highly potent, and easily accessible has contributed to rising cases of alcohol abuse, particularly among young people and low-income communities.
However, the ministry maintained in its response that it neither obstructed nor influenced NAFDAC’s regulatory processes, reiterating that the agency retains full authority to enforce its regulations in accordance with the law.
The court is expected to fix a hearing date in the matter.
