NAFDAC statutorily empowered to enforce ban, Health Ministry tells court
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
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 authorised by law to enforce the ban on the production and sale of alcoholic beverages in sachets, PET bottles, and glass bottles below 200ml.
The ministry, through its lawyer, Jumoke Motilayo Falaye, averred that it neither does nor has ever interfered with NAFDAC’s operations, stating that the ministry is not an enforcement agency of the Federal Government.
In a counter-affidavit filed before the court on February 23 in response to a suit instituted by the Socio-Economic Rights and Accountability Project (SERAP), the ministry maintained that 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.
The ministry argued that it has no authority to direct, prevent, or stop NAFDAC from carrying out its statutory mandate.
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It 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.
According to the counter-affidavit, NAFDAC’s powers are derived from Sections 5 and 30 of the NAFDAC Act, as well as other applicable regulations.
The ministry insisted that enforcement decisions fall squarely within the agency’s mandate.
The ministry also told the court that any claims suggesting interference by the Minister in NAFDAC’s enforcement processes are speculative and unsupported by evidence.
The suit, marked FHC/L/CS/2568/25, was instituted by SERAP against the Minister of Health and Social Welfare as the first defendant, and the Attorney-General of the Federation, who represents the Federal Government, including the Office of the SGF, as the second defendant.
It was filed on SERAP’s behalf by Mofesomo Tayo-Oyetibo (SAN), alongside a team of lawyers from Tayo Oyetibo LP.
Among the reliefs being sought by SERAP are declarations that the sachet alcohol ban is a valid regulation under the NAFDAC Act; that the Minister of Health has no legal authority to grant or extend any moratorium on its enforcement; and that it is unlawful for any federal authority to interfere with NAFDAC’s enforcement responsibilities. SERAP is also asking the court to affirm that the defendants have a duty to ensure the full implementation of the ban nationwide.
SERAP is seeking an order of injunction restraining the defendants, their servants, agents, privies, and all persons or authorities acting through them from extending any moratorium on the sachet alcohol ban.
The organisation is also asking the court for a perpetual injunction restraining the defendants from directing, preventing, 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, and the Memorandum of Resolution executed on 19 December 2018.
In its originating summons dated 15 December 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 a Memorandum of Resolution executed on 19 December 2018, which collectively mandate a nationwide ban on sachet alcohol.
The civil rights group 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.
The Federal Ministry of Health, in its response, maintained that it neither obstructed nor influenced NAFDAC’s regulatory processes and reiterated that the agency retains full authority to enforce its regulations in accordance with the law.
The court is expected to fix a hearing date in the matter.
