By Seun Ibiyemi
The Federal Ministry of Health and Social Welfare has told the Federal High Court that the National Agency for Food and Drug Administration and Control (NAFDAC) is legally empowered to enforce the ban on alcoholic beverages packaged in sachets, PET bottles, and glass containers below 200 millilitres.
In a counter-affidavit filed on February 23, 2026, the ministry, through its counsel Jumoke Motilayo Falaye, emphasized that it does not interfere with NAFDAC’s enforcement decisions, noting that the ministry is not an enforcement arm of the Federal Government.NAFDAC, WHO strengthen partnership to improve Nigeria’s healthcare system
The affidavit highlighted that NAFDAC, established under the NAFDAC Act, possesses statutory regulatory and enforcement powers over food, drugs, and related products, including alcoholic beverages.
It argued that the ministry has no legal authority to direct, restrain, or halt NAFDAC from executing its statutory mandate, and that the Minister of Health has not granted any extension of the moratorium on the sachet alcohol ban.
According to the ministry, NAFDAC’s enforcement powers derive from Sections 5 and 30 of the NAFDAC Act and other applicable regulations, with all enforcement decisions falling squarely within the agency’s jurisdiction.
The ministry dismissed claims of ministerial interference in NAFDAC’s processes as “speculative and unsupported by evidence.”NAFDAC denies FG directive to halt enforcement on sachet alcohol regulation
The disclosure comes amid a lawsuit filed by the Socio-Economic Rights and Accountability Project (SERAP) against the Minister of Health and Social Welfare and the Attorney-General of the Federation, seeking declarations that the sachet alcohol ban is valid under the NAFDAC Act and that the Minister lacks authority to grant or extend any moratorium on its enforcement.
SERAP is also requesting an injunction restraining federal authorities from interfering with NAFDAC’s enforcement and ensuring nationwide implementation of the ban.
The organisation argued that delays in enforcing the prohibition violate health and regulatory laws and contribute to rising alcohol abuse, particularly among young people and low-income communities.
The case, marked FHC/L/CS/2568/25, is ongoing before the Federal High Court in Abuja.
