The Federal Ministry of Health and Social Welfare has distanced itself from the ongoing legal dispute over the prohibition of sachet and small-volume alcoholic beverages, telling the Federal High Court that it does not wield enforcement powers over the regulation made by NAFDAC.
In a counter-affidavit dated February 23, 2026 obtained by ENigeria Newspaper, and filed by its counsel, Jumoke Motilayo Falaye, the ministry argued that responsibility for implementing the restriction lies entirely with the National Agency for Food and Drug Administration and Control (NAFDAC), the statutory regulator of food, drugs, and related products in Nigeria.
The ministry maintained that NAFDAC’s authority to regulate and enforce compliance, including the ban on alcohol packaged in sachets, PET bottles, and glass containers below 200 millilitres, is clearly provided for under Sections 5 and 30 of the NAFDAC Act and other applicable regulations. As such, it insisted that it neither supervises the agency’s enforcement actions nor has the legal competence to halt or extend them.
ENigeria Newspaper leanrt that the Minister of Health and Social Welfare has not approved any additional moratorium on the enforcement of the restriction, countering suggestions that the ministry has intervened in the regulatory process.
Describing allegations of ministerial interference as speculative and lacking evidential support, the ministry emphasized that it is not an enforcement arm of the Federal Government and cannot dictate operational decisions to NAFDAC.
The case before the court, marked FHC/L/CS/2568/25, was instituted by the Socio-Economic Rights and Accountability Project (SERAP). The group named the Minister of Health and Social Welfare as the 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 the second defendant.
Filed on December 15, 2025, through senior advocate Mofesomo Tayo-Oyetibo (SAN) and other lawyers from Tayo Oyetibo LP, the suit seeks judicial declarations affirming that the sachet alcohol ban is valid under the NAFDAC Act. SERAP is also asking the court to rule that the health minister lacks authority to grant or prolong any suspension of its enforcement.
Beyond declaratory reliefs, the organisation is requesting an injunction restraining the defendants and their agents from extending any moratorium on the prohibition, as well as a perpetual order preventing any directive that could obstruct NAFDAC from carrying out its statutory duties nationwide.
SERAP argued that delays in enforcing the ban undermine existing public health regulations and prior commitments aimed at restricting sachet alcohol sales across the country. It further contended that such products which are often cheap, potent, and easily accessible have fueled growing levels of alcohol abuse, particularly among youths and low-income populations.
With the ministry formally disclaiming enforcement authority and denying interference, the dispute now centers on whether the court will affirm NAFDAC’s autonomy and compel full nationwide implementation of the restriction.
