The Federal Ministry of Health and Social Welfare has told the Federal High Court that only the National Agency for Food and Drug Administration and Control (NAFDAC) has the legal authority to enforce the nationwide ban on alcoholic beverages packaged in sachets, PET bottles, and glass containers smaller than 200 millilitres.
Gatekeepers News reports that in a counter-affidavit filed on February 23, 2026, the ministry, through its counsel, Jumoke Motilayo Falaye, clarified that it does not control or interfere in NAFDAC’s enforcement actions, stressing that the ministry is not an enforcement body of the Federal Government.
The ministry explained that NAFDAC was created under its enabling law with clearly defined regulatory and enforcement powers over food, drugs, and related products, including alcoholic beverages. It argued that it has no legal authority to direct or restrain the agency in carrying out its statutory duties.
According to the affidavit, NAFDAC derives its enforcement powers from Sections 5 and 30 of its establishing Act and other relevant regulations, noting that all decisions regarding enforcement fall within the agency’s jurisdiction.
The ministry also stated that the Minister of Health and Social Welfare had not approved any additional extension of the moratorium on enforcing the sachet alcohol prohibition.
It further dismissed allegations of ministerial interference as unfounded.
The case, marked FHC/L/CS/2568/25, was filed by the Socio-Economic Rights and Accountability Project (SERAP) against the Minister of Health and Social Welfare as the 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 the second defendant.
The suit was instituted on behalf of SERAP by Mofesomo Tayo-Oyetibo (SAN) and other lawyers from Tayo Oyetibo LP.
SERAP is asking the court to declare that the sachet alcohol ban is a valid regulation under the NAFDAC Act and that the health minister lacks the legal authority to grant or extend any moratorium on its enforcement.
The organisation is also seeking orders compelling federal authorities to refrain from interfering with NAFDAC’s regulatory responsibilities and to ensure the ban is implemented nationwide.
Specifically, SERAP is requesting an injunction preventing the defendants and their agents from extending any moratorium on the prohibition, as well as a perpetual injunction barring any directive capable of hindering NAFDAC from enforcing the ban in line with its legal mandate.
In its originating summons dated December 15, 2025, SERAP argued that delaying enforcement of the ban violates existing health and regulatory laws and undermines prior agreements supporting the nationwide prohibition.
The group maintained that sachet alcohol—often cheap, potent, and easily accessible—has significantly contributed to rising alcohol abuse, particularly among youths and low-income populations.
