Sachet alcohol: Only NAFDAC has power to enforce ban, Health Ministry tells court
The Federal Ministry of Health and Social Welfare has informed the Federal High Court that it lacks the legal authority to halt or extend enforcement of the ban on alcoholic
The Federal Ministry of Health and Social Welfare has informed the Federal High Court that it lacks the legal authority to halt or extend enforcement of the ban on alcoholic drinks packaged in sachets, small PET bottles, and glass containers below 200 millilitres.
In a counter-affidavit filed on February 23, 2026, the ministry maintained that the statutory responsibility to regulate and enforce the prohibition rests solely with the National Agency for Food and Drug Administration and Control (NAFDAC).
According to a statement issued by NAFDAC’s Resident Media Consultant, Mr. Sayo Akintola, the ministry, through its counsel Jumoke Motilayo Falaye, clarified that it is not an enforcement agency and does not exercise control over NAFDAC’s regulatory decisions.
The ministry further told the court that NAFDAC was established by law with clearly defined powers to regulate food, drugs and related products, including alcoholic beverages, and that enforcement of the sachet alcohol ban falls squarely within the agency’s statutory mandate.
“The Ministry of Health is not an enforcement arm of the Federal Government and does not interfere in the enforcement decisions of NAFDAC,” the affidavit stated.
The ministry also clarified that the Minister of Health and Social Welfare has not granted any further extension of the moratorium on the enforcement of the ban and lacks the legal power to do so.
According to the court documents, NAFDAC derives its enforcement powers from Sections 5 and 30 of its establishing Act and other relevant regulations.
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The ministry described allegations of ministerial interference in the enforcement process as speculative and unsupported by evidence.
The suit, marked FHC/L/CS/2568/25, was filed by the Socio-Economic Rights and Accountability Project (Socio-Economic Rights and Accountability Project) against the Minister of Health and Social Welfare and the Attorney-General of the Federation.
SERAP is asking the court to declare that the sachet alcohol ban is valid under the NAFDAC Act and that the minister has no authority to grant or extend any moratorium on its enforcement.
The group is also seeking an order restraining the defendants and their agents from extending any suspension of the ban, as well as a perpetual injunction preventing any directive that could hinder NAFDAC from carrying out its statutory duties.
In its originating summons dated December 15, 2025, SERAP argued that any continued delay in enforcing the prohibition violates existing health and regulatory laws, as well as prior agreements supporting a nationwide ban.
The organisation maintained that sachet alcohol products, often cheap, strong and easily accessible, have fuelled rising cases of alcohol abuse, particularly among young people and low-income communities.
The case is expected to test the limits of ministerial powers over regulatory agencies and could determine whether the enforcement of the sachet alcohol ban proceeds without further delay nationwide.
