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 power to enforce the ban on alcoholic drinks sold in sachets, PET bottles, or glass containers under 200 ml.
In a counter-affidavit filed on February 23, 2026, ministry counsel Jumoke Motilayo Falaye stated that the ministry neither controls nor interferes in NAFDAC’s enforcement decisions and is not an enforcement agency of the Federal Government.
The ministry clarified that NAFDAC, created under the NAFDAC Act, holds clear statutory authority to regulate and enforce rules on food, drugs, and related products including alcoholic beverages.
It has no power to direct, restrain, or stop NAFDAC from performing its duties. The affidavit also confirmed that the Minister of Health has granted no extension to any moratorium on the ban or related regulations.
Citing Sections 5 and 30 of the NAFDAC Act and other applicable laws, the ministry stressed that enforcement decisions rest entirely with NAFDAC.
Allegations of ministerial interference were described as speculative and without evidence.
The suit (FHC/L/CS/2568/25) was filed by the Socio-Economic Rights and Accountability Project (SERAP) against the Minister of Health and Social Welfare (1st defendant) and the Attorney-General of the Federation (2nd defendant, representing the Federal Government and the Office of the Secretary to the Government of the Federation).
SERAP is represented by Mofesomo Tayo-Oyetibo (SAN) and other lawyers from Tayo Oyetibo LP.
Through an originating summons dated December 15, 2025, SERAP is seeking court declarations that:
The sachet alcohol ban is valid under the NAFDAC Act .
The Health Minister has no authority to grant or extend moratoriums on its enforcement.
Federal authorities must not interfere with NAFDAC’s statutory responsibilities.
SERAP is also requesting injunctions to block any further moratorium extensions and to prevent directives that would hinder NAFDAC from enforcing the ban nationwide.
The group argues that ongoing delays in enforcement violate health laws and prior commitments to prohibit sachet alcohol.
It highlights that cheap, potent, and easily accessible sachet drinks have significantly contributed to alcohol abuse, especially among young people and low-income communities.
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