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By Daniel Adaji
The Federal Ministry of Health and Social Welfare has told the Federal High Court that the National Agency for Food and Drug Administration and Control (NAFDAC) has the sole legal authority to enforce the nationwide ban on sachet alcohol, insisting that it cannot interfere with or halt the agency’s statutory mandate.
In a counter-affidavit filed on February 23, 2026, in suit number FHC/L/CS/2568/25, the ministry made it clear that it is not the enforcement arm of the Federal Government and therefore lacks the power to stop or extend any moratorium on the ban.
The ministry stated in court that NAFDAC “is legally empowered to enforce the ban on the production and sale of alcoholic beverages packaged in sachets, PET bottles, and glass containers below 200 millilitres.”
It stressed that it “neither interferes with nor controls NAFDAC’s enforcement decisions,” adding that “the ministry is not an enforcement arm of the Federal Government.”
According to the affidavit sighted by Pointblanknews.com on Thursday, NAFDAC is “a statutory agency 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 halt NAFDAC from carrying out its statutory mandate.”
The Minister of Health and Social Welfare, the document added, “has not granted any further extension of the moratorium on the enforcement of existing regulations, including the sachet alcohol ban.”
The ministry grounded its position in Sections 5 and 30 of the NAFDAC Act, explaining that “NAFDAC’s enforcement powers are derived from Sections 5 and 30 of the NAFDAC Act and other applicable regulations,” and that “all decisions relating to enforcement fall squarely within the agency’s jurisdiction.” It also dismissed allegations of interference as “speculative and unsupported by evidence.”
The case 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 on December 15, 2025, by Mofesomo Tayo-Oyetibo (SAN) and other lawyers from Tayo Oyetibo LP, the suit seeks judicial clarity on whether the minister has any authority to suspend or extend a moratorium on the sachet alcohol ban.
SERAP is asking the court to declare that the ban is valid under the NAFDAC Act and that the minister lacks the legal authority to grant or extend any moratorium on its enforcement. It is also seeking an injunction restraining the defendants from extending the suspension and a perpetual injunction preventing any directive that could hinder NAFDAC from enforcing the regulation nationwide.
In its originating summons, the group argued that continued delay in enforcing the ban violates existing health and regulatory laws and undermines prior agreements supporting a nationwide prohibition of sachet alcohol.
NAFDAC introduced the ban as part of broader public health and regulatory efforts to curb alcohol abuse, particularly among young people and low-income communities. Sachet alcohol, often cheap, highly potent, and easily accessible, became widespread across Nigeria, raising concerns among health advocates and regulators.
The agency had earlier announced a phased enforcement plan, granting a moratorium to allow manufacturers and distributors to adjust. However, the move to enforce the ban fully has faced resistance from segments of the alcohol industry and traders, prompting legal action and calls for either suspension or extension.