The Federal Ministry of Health and Social Welfare has told the Federal High Court that the statutory authority to enforce the nationwide ban on sachet alcohol and other small-volume alcoholic beverages rests solely with the National Agency for Food and Drug Administration and Control (NAFDAC).
In a counter-affidavit filed on February 23, 2026, the ministry, through its counsel, Jumoke Motilayo Falaye, clarified that it does not supervise or direct NAFDAC’s enforcement operations. It emphasised that the ministry is not an enforcement arm of the Federal Government and lacks the legal competence to restrain or compel the agency in the discharge of its statutory responsibilities.
According to the affidavit, NAFDACestablished under the NAFDAC Act—is vested with clearly defined regulatory and enforcement powers over food, drugs and related products, including alcoholic beverages. The ministry maintained that enforcement decisions, including those concerning the prohibition of alcoholic drinks packaged in sachets, PET bottles and glass containers below 200 millilitres, fall squarely within the agency’s jurisdiction.
The ministry further stated that the Minister of Health and Social Welfare has not approved any additional extension of the moratorium on enforcement of the existing regulations, including the sachet alcohol ban. It described allegations of ministerial interference in NAFDAC’s enforcement processes 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 Attorney-General of the Federation, representing the Federal Government and the Office of the Secretary to the Government of the Federation, as second defendant.
Filed through Mofesomo Tayo-Oyetibo (SAN) and other counsel from Tayo Oyetibo LP, SERAP is seeking judicial declarations affirming that the sachet alcohol ban constitutes a valid regulation under the NAFDAC Act and that the minister lacks the authority to grant or extend any moratorium on its enforcement.
The organisation is also asking the court to hold that federal authorities must not interfere with NAFDAC’s statutory mandate and should ensure nationwide implementation of the prohibition. Specifically, SERAP seeks an injunction restraining the defendants and their agents from extending any moratorium on the ban, as well as a perpetual injunction barring any directive capable of hindering NAFDAC from carrying out its enforcement duties.
In its originating summons dated December 15, 2025, SERAP argued that continued delays in enforcing the ban undermine existing health and regulatory laws, as well as prior commitments supporting a nationwide prohibition of sachet alcohol. The group contended that sachet alcohol products—typically inexpensive, high in alcohol content and easily accessible—have fuelled rising levels of alcohol abuse, particularly among young people and low-income populations.
