NAFDAC has power to ban sachet alcohol, FG tells court

By Lukman Olabiyi

The Federal Ministry of Health and Social Welfare (FMOHSW) has told the Federal High Court in Lagos that the National Agency for Food and Drug Administration and Control (NAFDAC) is fully empowered by law to enforce the ban on the production and sale of alcoholic beverages packaged in sachets, PET bottles and glass bottles below 200 millilitres.

The ministry submitted a counter-affidavit filed on February 23, 2026, in response to a suit instituted by the Socio-Economic Rights and Accountability Project (SERAP).

Through its lawyer, Jumoke Motilayo Falaye, the ministry maintained that it does not and has never interfered in NAFDAC’s operations, stressing that it is not an enforcement agency of the federal government.

According to the ministry, NAFDAC is a statutory body established under the NAFDAC Act with clear regulatory and enforcement powers over food, drugs and related products, including alcoholic beverages.

It argued that it has no authority to direct, prevent or stop the agency from carrying out its statutory mandate.

The ministry further stated that the Minister of Health and Social Welfare has not granted any further extension of the moratorium on the enforcement of duly issued regulations, including the prohibition on sachet alcohol.

Citing Sections 5 and 30 of the NAFDAC Act and other applicable regulations, the ministry insisted that enforcement decisions fall squarely within NAFDAC’s mandate. It also told the court that allegations of interference by the minister in the agency’s enforcement processes are speculative and unsupported by evidence.

The suit, marked FHC/L/CS/2568/25, was filed by SERAP against the Minister of Health and Social Welfare as the first defendant and the Attorney-General of the Federation as the second defendant, representing the Federal Government, including the Office of the Secretary to the Government of the Federation.

Filed on behalf of SERAP by Mofesomo Tayo-Oyetibo, SAN, and other lawyers from Tayo Oyetibo LP, the suit seeks several declaratory and injunctive reliefs.

Among other requests, SERAP is asking the court to declare that the sachet alcohol ban is a valid regulation under the NAFDAC Act and that the Minister of Health has no legal authority to grant or extend any moratorium on its enforcement.

The group is also seeking a declaration that it is unlawful for any federal authority to interfere with NAFDAC’s enforcement responsibilities and is urging the court to affirm that the defendants have a duty to ensure full implementation of the ban nationwide.

Specifically, SERAP is seeking an order restraining the defendants, their agents and privies from extending any moratorium on the ban. It is also asking for a perpetual injunction preventing them from directing, blocking or stopping NAFDAC from enforcing the prohibition in line with its statutory functions under Sections 5 and 30(c) of the NAFDAC Act, the Spirits Drink Regulation 2021 and the Memorandum of Resolution executed on December 19, 2018.

In its originating summons dated December 15, 2025, SERAP argued that continued delay in enforcing the ban violates the National Health Act 2014, the NAFDAC Act, the Spirits Drink Regulation 2021 and the 2018 Memorandum of Resolution, which it said collectively mandate a nationwide ban on sachet alcohol.

The organisation contended that sachet alcohol, often cheap, highly potent and easily accessible, has contributed to rising cases of alcohol abuse, particularly among young people and low-income communities.

However, the ministry reiterated in its response that it neither obstructed nor influenced NAFDAC’s regulatory processes, maintaining that the agency retains full authority to enforce its regulations in accordance with the law.

The court is expected to fix a date for hearing in the matter.