By The News Editor
The Federal Ministry of Health and Social Welfare has clarified before the Federal High Court that the National Agency for Food and Drug Administration and Control (NAFDAC) possesses the exclusive statutory authority to enforce the nationwide ban on sachet alcohol and other alcoholic beverages packaged in containers below 200 millilitres.
Health Ministry Distances Itself from Enforcement Role
In a counter-affidavit filed on February 23, 2026, the ministry stated that it neither interferes with nor controls NAFDAC’s enforcement decisions. Represented by its counsel, Jumoke Motilayo Falaye, the ministry emphasized that it is not an enforcement arm of the Federal Government.
The affidavit stated that 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 further argued that it lacks the legal authority to direct, restrain, or suspend NAFDAC from carrying out its statutory mandate. It also confirmed that the Minister of Health and Social Welfare has not granted any additional extension of the moratorium on enforcing the sachet alcohol ban.
Legal Basis for Sachet Alcohol Ban Enforcement
The ministry explained that NAFDAC’s enforcement powers are derived from Sections 5 and 30 of the NAFDAC Act and other relevant regulations. It stressed that all decisions concerning enforcement fall squarely within the agency’s jurisdiction.
Additionally, the ministry dismissed allegations of ministerial interference in NAFDAC’s regulatory processes, describing such claims as speculative and unsupported by evidence.
The ban specifically targets the production and sale of alcoholic beverages packaged in sachets, PET bottles, and glass containers below 200ml, as part of broader public health measures aimed at curbing alcohol abuse in Nigeria.
SERAP Files Suit Over Sachet Alcohol Ban
The case, marked FHC/L/CS/2568/25, was instituted by the Socio-Economic Rights and Accountability Project (SERAP). The suit names 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 legal action was filed on behalf of SERAP by Mofesomo Tayo-Oyetibo (SAN) and other lawyers from Tayo Oyetibo LP.
SERAP is seeking several declarations from the court, including a declaration that the sachet alcohol ban is a valid regulation under the NAFDAC Act, a ruling that the Minister of Health lacks the legal authority to grant or extend any moratorium on its enforcement, aand an affirmation that federal authorities must not interfere with NAFDAC’s statutory enforcement responsibilities.
The organization is also requesting an injunction restraining the defendants and their agents from extending any moratorium on the prohibition. Furthermore, it seeks a perpetual injunction preventing any directive that could hinder NAFDAC from fully implementing the ban nationwide.
Public Health Concerns Over Sachet Alcohol
In its originating summons dated December 15, 2025, SERAP argued that delays in enforcing the ban violate existing health and regulatory laws, as well as prior agreements supporting a nationwide prohibition of sachet alcohol.
The group maintained that sachet alcohol—often inexpensive, highly potent, and widely accessible—has significantly contributed to rising alcohol abuse in Nigeria, particularly among young people and low-income communities.
Public health advocates have long raised concerns that small-sized alcoholic beverages make high-strength alcohol easily affordable and accessible, increasing the risks of addiction, underage drinking, and related social challenges.
Growing Legal and Regulatory Implications
The court’s eventual ruling is expected to clarify the scope of ministerial authority versus the statutory powers granted to NAFDAC under Nigerian law. The outcome could also shape future enforcement of public health regulations concerning alcohol control policies in the country.
As the legal battle continues, stakeholders across the beverage industry, public health sector, and civil society are closely monitoring developments surrounding the sachet alcohol ban and its nationwide implementation.
