Health Ministry Affirms NAFDAC's Authority to Enforce Sachet Alcohol Ban

The Federal Ministry of Health and Social Welfare has clarified before the Federal High Court in Lagos that the National Agency for Food and Drug Administration and Control (NAFDAC) possesses full legal authority to enforce the ban on alcoholic beverages in sachets, PET bottles, and glass bottles below 200ml capacity.

In a counter-affidavit filed on February 23, 2026, the ministry responded to a lawsuit instituted by the Socio-Economic Rights and Accountability Project (SERAP), asserting that NAFDAC's regulatory and enforcement powers are clearly established under its enabling legislation.

Through its lawyer, Jumoke Falaye, the ministry stated that it "does not and has never interfered in the operations of NAFDAC," emphasising that the ministry "is not an enforcement agency of the Federal Government."

"The National Agency for Food and Drug Administration and Control is a statutory body established under the NAFDAC Act with clear regulatory and enforcement powers over food, drugs, and related products, including alcoholic beverages," the ministry declared in the affidavit.

The ministry further clarified that it lacks the legal authority to direct or restrain NAFDAC in the discharge of its statutory duties, distancing itself from allegations of ministerial interference in the agency's enforcement actions.

"The Honourable Minister of Health and Social Welfare has not granted any further extension of the moratorium on the enforcement of duly issued regulations, including the prohibition on sachet alcohol," the ministry stated, effectively confirming that the grace period for compliance has ended.

Citing Sections 5 and 30 of the NAFDAC Act, the ministry argued that enforcement decisions "fall squarely within the mandate of NAFDAC," and dismissed allegations of ministerial interference as "speculative and unsupported by evidence."

The suit, marked FHC/L/CS/2568/25, was filed by SERAP against the Minister of Health and Social Welfare as the first defendant and the Attorney-General of the Federation as the second defendant, representing the Federal Government, including the Office of the Secretary to the Government of the Federation.

The sachet alcohol ban has been a contentious issue in Nigeria, with NAFDAC implementing the prohibition to address public health concerns related to the accessibility and abuse of cheap alcoholic beverages, particularly among vulnerable populations.

The ban targets alcoholic drinks packaged in sachets, as well as PET and glass bottles below 200ml, which have been criticised for facilitating easy access to alcohol and contributing to substance abuse problems.

Industry stakeholders have previously sought extensions to the moratorium on enforcement, citing the economic impact on manufacturers and distributors. However, the ministry's court filing indicates that no further extensions have been granted.

The legal clarification strengthens NAFDAC's position as it moves to fully implement the ban, potentially affecting numerous beverage companies that have relied on smaller packaging formats to reach price-sensitive consumers.

Public health advocates have supported the ban, arguing that restricting access to cheap, single-serve alcoholic beverages will help reduce alcohol-related harm, particularly among young people and low-income communities where sachet alcohol has been most prevalent.