Nigeria’s Federal Ministry of Health and Social Welfare has told a Federal High Court that the National Agency for Food and Drug Administration and Control (NAFDAC) has the sole legal power to enforce the ban on alcohol sold in sachets and small bottles.
In a statement from NAFDAC's media consultant Sayo Akintola, a counter-affidavit filed on 23rd February 2026 by the ministry said NAFDAC is “legally empowered to enforce the ban on the production and sale of alcoholic beverages packaged in sachets, PET bottles, and glass containers below 200 millilitres.”
The ministry, through its lawyer, Jumoke Motilayo Falaye, said it “neither interferes with nor controls NAFDAC’s enforcement decisions,” stressing that it “is not an enforcement arm of the Federal Government.”
According to the filing, NAFDAC was created by law and has “clearly defined regulatory and enforcement powers over food, drugs, and related products, including alcoholic beverages.”
The ministry added that it “lacks the legal authority to direct, restrain, or halt NAFDAC” from doing its job.
It also said the minister has not granted “any further extension of the moratorium” on enforcing the sachet alcohol ban.
The case, marked FHC/L/CS/2568/25, was filed by the Socio-Economic Rights and Accountability Project (SERAP) against the minister and the Attorney-General of the Federation.
SERAP is asking the court to declare that the ban is valid under the NAFDAC Act and that the minister cannot extend any delay in its enforcement.
SERAP argues that sachet alcohol is cheap and widely available and has “contributed significantly to rising alcohol abuse, particularly among young people and low-income communities.”
The court is expected to decide whether NAFDAC’s powers should remain fully protected under the law.
