A dispute over the enforcement of Nigeria’s sachet alcohol ban is before the Federal High Court, with the Federal Ministry of Health and Social Welfare maintaining that the National Agency for Food and Drug Administration and Control (NAFDAC) has full legal authority to implement the regulation nationwide.
In a counter-affidavit filed on February 23, 2026, the ministry, through its counsel, Jumoke Falaye, said it does not supervise or control NAFDAC’s enforcement actions, stressing that it is not an enforcement agency. It argued that NAFDAC derives its powers from its enabling legislation and is solely responsible for regulatory and compliance decisions relating to food, drugs and related products, including alcoholic beverages.
The ministry also confirmed that no additional extension has been granted to suspend the ban.
The suit was 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.
Represented by Mofesomo Tayo-Oyetibo (SAN) and other lawyers from Tayo Oyetibo LP, SERAP is seeking declarations affirming the legality of the ban under the NAFDAC Act and asserting that the minister lacks authority to extend any moratorium on its enforcement.
The group is also requesting injunctions to prevent any interference with NAFDAC’s mandate and to block further suspension of the regulation. It contends that continued delay undermines existing health laws and national commitments, warning that sachet alcohol’s low cost and high potency have contributed to rising misuse, particularly among young people and vulnerable communities.
About the Author
