NAFDAC alone can enforce sachet alcohol ban, health ministry tells court

The federal ministry of health and social welfare has told the federal high court in Abuja that the National Agency for Food and Drug Administration and Control (NAFDAC) is solely empowered by law to enforce the ban on alcoholic beverages packaged in sachets, PET bottles and glass containers below 200ml.

In a counter-affidavit filed on February 23, 2026, the ministry said it neither interferes with nor controls the enforcement decisions of NAFDAC.

The affidavit, deposed to through the ministry’s counsel, Jumoke Motilayo Falaye, noted that the agency derives its powers from the NAFDAC Act and other relevant regulations.

The ministry noted that it “neither interferes with nor controls NAFDAC’s enforcement decisions,” adding that it “is not an enforcement arm of the Federal Government”.

The ministry said 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 noted that it lacks the legal authority to “direct, restrain, or halt NAFDAC from carrying out its statutory mandate.”

The ministry further clarified that it has not approved any fresh extension of the moratorium on the enforcement of existing regulations, including the sachet alcohol ban.

The health ministry also dismissed allegations of ministerial interference as “speculative and unsupported by evidence,” insisting that all enforcement-related decisions fall squarely within NAFDAC’s jurisdiction.

The position was taken in response to a suit marked FHC/L/CS/2568/25 filed 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.

The suit, filed on December 15, 2025, seeks a declaration that the sachet alcohol ban is a valid regulation under the NAFDAC Act and that the minister lacks the authority to grant or extend any moratorium on its enforcement.

SERAP is also asking the court to affirm that federal authorities must not interfere with NAFDAC’s enforcement responsibilities and must ensure nationwide implementation of the ban.

Specifically, the organisation is seeking an injunction restraining the defendants and their agents from extending any moratorium on the prohibition, as well as a perpetual injunction preventing any directive capable of hindering NAFDAC from enforcing the ban in line with its statutory duties.

In its originating summons, SERAP argued that continued delay in enforcing the prohibition violates existing health and regulatory laws, as well as prior agreements supporting a nationwide ban.

The group maintained that sachet alcohol, often inexpensive and widely accessible, has contributed to rising alcohol abuse, particularly among young people and low-income communities.

Earlier this month, NAFDAC dismissed reports claiming it was ordered by the federal government to halt enforcement against sachet alcohol.

Reports on social media claimed the federal government had ordered NAFDAC to suspend all enforcement actions relating to the ban.