According to the Federal Ministry of Health and Social Welfare, NAFDAC is a statutory agency established under the NAFDAC Act with clearly defined regulatory and enforcement powers over food, drugs, and related products, including alcoholic beverages
The Federal Ministry of Health and Social Welfare has clarified that it does not have the legal authority to halt the enforcement of the nationwide ban on alcoholic beverages packaged in sachets, PET bottles, and glass containers below 200ml.
In a statement and counter-affidavit filed before the Federal High Court and sent to PREMIUM TIMES on Thursday, the ministry said enforcement of the ban falls squarely within the statutory powers of the National Agency for Food and Drug Administration and Control (NAFDAC).
Through its counsel, Jumoke Falaye, the ministry stressed that it neither interferes with nor controls NAFDAC's enforcement decisions, noting that it is not an enforcement arm of the federal government.
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NAFDAC earlier said it has begun enforcement of the ban on the production and sale of alcohol in sachets and PET bottles below 200ml.
The agency noted that the proliferation of high-alcohol-content beverages in sachets and small containers had made the products cheap, easily accessible and concealable, leading to rising cases of misuse and addiction among minors.
It described the situation as a public health menace linked to domestic violence, road accidents, school dropouts and other social vices across communities.
Enforcement powers
According to the Federal Ministry of Health and Social Welfare, NAFDAC is a statutory agency established under the NAFDAC Act with clearly defined regulatory and enforcement powers over food, drugs, and related products, including alcoholic beverages.
It argued that the ministry lacks the authority to direct, restrain, or halt the agency from carrying out its statutory mandate.
"The Minister of Health has not granted any further extension of the moratorium on existing regulations, and all enforcement matters remain within NAFDAC's jurisdiction," the affidavit read.
Citing Sections 5 and 30 of the NAFDAC Act and other applicable regulations, the ministry added that allegations of ministerial interference are speculative and unsupported by evidence.
SERAP sues FG to court
The clarification followed a suit filed by the Socio-Economic Rights and Accountability Project (SERAP).
In the suit marked FHC/L/CS/2568/25, SERAP joined 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 by Mofesomo Tayo-Oyetibo (SAN) and other lawyers from Tayo Oyetibo LP, the suit seeks declarations that the sachet alcohol ban is a valid regulation under the NAFDAC Act and that the minister lacks the legal authority to grant or extend any moratorium on its enforcement.
SERAP is also asking the court to restrain the defendants from extending any moratorium on the prohibition and to issue a perpetual injunction preventing any directive that could hinder NAFDAC from enforcing the ban nationwide.
In its originating summons dated 15 December 2025, SERAP argued that continued delay in enforcing the ban violates existing health and regulatory laws and undermines prior agreements supporting a nationwide prohibition.
"The widespread availability of sachet alcohol has serious health consequences, particularly for young people and low-income communities, and delays in enforcement put public safety at risk," the statement read.
Recent developments
Tensions have continued to rise over NAFDAC's enforcement of the ban on alcoholic sachets and small PET bottles below 200ml, with growing concerns about the impact on workers and businesses in affected facilities.
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Earlier in February, the Olota of Ota, Oba Abdulkabir Adeyemi Obalanlege, alongside the Speaker of the Ogun State House of Assembly, Oludare Elemide, and other prominent Nigerians, urged NAFDAC, headed by Mojisola Adeyeye, to reconsider the ban.
The Ota monarch noted that laying off workers during economic hardship was unjustifiable, warning that the disadvantages of the ban outweighed any benefits.
In a related development, members of the Nigeria Labour Congress (NLC) and the Food, Beverage and Tobacco Senior Staff Association (FOBTOB) staged a protest at NAFDAC's office in Isolo, Lagos, expressing frustration over potential job losses and the broader economic consequences of the ban.
FOBTOB Secretary, Anthony Oyaga, described the situation as one marked by "deep pain, growing fear, and a heavy sense of injustice," highlighting the concerns of employees affected by the closure of factories, warehouses, and depots nationwide.
