FG Tells Court NAFDAC Fully Empowered to Enforce Sachet Alcohol Ban

FG Tells Court NAFDAC Fully Empowered to Enforce Sachet Alcohol Ban

The Federal Ministry of Health and Social Welfare (FMOHSW) has affirmed before the Federal High Court in Lagos that the National Agency for Food and Drug Administration and Control (NAFDAC) has full legal authority to enforce the nationwide ban on sachet alcohol and other small‑pack alcoholic beverages. This declaration came in a counter‑affidavit filed on February 23, 2026, in response to a lawsuit filed by the Socio-Economic Rights and Accountability Project (SERAP) challenging the enforcement of the ban.

Through its lawyer, Jumoke Motilayo Falaye, the ministry maintained that it has never interfered in NAFDAC’s operations and is not an enforcement agency. The affidavit emphasised that NAFDAC is a statutory body established under the NAFDAC Act, with broad regulatory powers over foods, drugs, and related products, including alcoholic beverages in sachets, PET bottles, and glass bottles below 200 ml. According to the ministry, enforcement decisions are solely within NAFDAC’s mandate, and allegations of ministerial interference are speculative and unsupported by evidence.

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The ministry also clarified that the Minister of Health has not granted any further extension of the moratorium on the ban, noting that the agency retains the authority to regulate, restrict, and enforce prohibitions as provided under Sections 5 and 30 of the NAFDAC Act, the Spirits Drink Regulation 2021, and the Memorandum of Resolution executed in December 2018.

SERAP’s Legal Challenge

SERAP filed the suit, marked FHC/L/CS/2568/25, against the Minister of Health and the Attorney-General of the Federation, seeking declaratory and injunctive reliefs to:

• Declare the sachet alcohol ban valid under the NAFDAC Act.

• Prevent the Minister of Health from granting or extending any moratorium on enforcement.

• Restrict federal authorities from interfering with NAFDAC’s enforcement responsibilities.

• Ensure full nationwide implementation of the ban, particularly given concerns over public health and alcohol abuse among youth and low-income communities.

SERAP argued that delays in enforcing the ban violate national health laws and expose communities to risks associated with cheap, potent, and highly accessible alcoholic beverages.

The sachet alcohol ban has been a contentious public policy issue in Nigeria. NAFDAC began a renewed crackdown on sachet alcohol in late 2025 following directives from the National Assembly and Senate, which ordered that the deadline for compliance be strictly enforced. However, conflicting communications from federal authorities, including the Office of the Secretary to the Government of the Federation, created confusion over the enforcement timeline.

Industry groups, including the Manufacturers Association of Nigeria (MAN), have challenged the ban, citing economic impacts, job losses, and potential growth of unregulated markets. Despite this, NAFDAC has maintained that enforcement is legally justified and in the interest of public health and safety.

The Federal High Court is yet to fix a hearing date for the case, which could set a landmark precedent for regulatory authority and public health enforcement in Nigeria.

FG Tells Court NAFDAC Fully Empowered to Enforce Sachet Alcohol Ban