The Federal Ministry of Health and Social Welfare has asked the Federal High Court to dismiss claims that it can halt or extend the enforcement of the nationwide ban on alcoholic drinks sold in sachets, small PET bottles and glass containers below 200 millilitres, insisting that such powers rest exclusively with the National Agency for Food and Drug Administration and Control (NAFDAC).

In a counter-affidavit filed on February 23, 2026, the ministry maintained that it neither regulates nor enforces the prohibition, describing NAFDAC as the statutory body empowered to oversee food, drugs and related products, including alcoholic beverages.

According to a statement by NAFDAC’s Resident Media Consultant, Mr. Sayo Akintola, the ministry, through its counsel Jumoke Motilayo Falaye, told the court it has no legal basis to interfere with the agency’s enforcement decisions.

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“The Ministry of Health is not an enforcement arm of the Federal Government and does not interfere in the enforcement decisions of NAFDAC,” the affidavit stated.

The ministry further clarified that the Minister of Health and Social Welfare has not granted any fresh extension of the moratorium on the ban — and, crucially, lacks the legal authority to do so.

Court documents cited Sections 5 and 30 of the establishing Act of National Agency for Food and Drug Administration and Control (NAFDAC) as the basis for the agency’s enforcement powers.

The ministry described allegations of ministerial interference as speculative and unsupported by evidence.

The suit, marked FHC/L/CS/2568/25, was instituted by the Socio-Economic Rights and Accountability Project (SERAP) against the Minister of Health and Social Welfare and the Attorney-General of the Federation.

SERAP is asking the court to affirm that the sachet alcohol ban is valid under the NAFDAC Act and to declare that the minister has no authority to grant or extend any suspension of its enforcement.

The group is also seeking an order restraining the defendants from issuing directives that could hinder NAFDAC from carrying out its statutory mandate.

In its originating summons dated December 15, 2025, SERAP argued that continued delays in enforcing the ban contravene public health and regulatory laws, as well as prior commitments supporting a nationwide prohibition.

The organisation maintained that sachet alcohol products  often cheap, potent and easily accessible have contributed to rising alcohol abuse, particularly among young people and low-income communities.