The Federal Ministry of Health and Social Welfare has told the Federal High Court in Abuja that it has no legal authority to enforce or suspend the sachet alcohol ban.
In a counter-affidavit filed on February 23, 2026, the ministry insisted that the power to implement the prohibition rests solely with the National Agency for Food and Drug Administration and Control (NAFDAC).
The ministry, through its counsel 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 affidavit, NAFDAC derives its authority from the NAFDAC Act and related regulations, giving it clear regulatory and enforcement powers over food, drugs and alcoholic beverages.
The ministry added that it lacks the legal backing to “direct, restrain, or halt NAFDAC from carrying out its statutory mandate”.
It also clarified that no fresh extension has been approved for any moratorium on the enforcement of the sachet alcohol ban.
The ministry’s position follows a suit filed by the Socio-Economic Rights and Accountability Project (SERAP).
In the case marked FHC/L/CS/2568/25, SERAP is asking the court to declare that the sachet alcohol ban is a valid regulation under the NAFDAC Act and that the minister lacks authority to grant or extend any moratorium.
The organisation is seeking an injunction restraining federal authorities from interfering with NAFDAC’s enforcement responsibilities and demanding nationwide implementation of the ban.
SERAP argues that delays in enforcing the prohibition undermine public health laws and prior agreements backing the nationwide restriction.
Earlier this month, NAFDAC dismissed social media reports alleging it had been ordered by the federal government to suspend enforcement actions related to the ban.
The health ministry described allegations of ministerial interference as speculative and unsupported by evidence.
The case now places the spotlight squarely on NAFDAC’s statutory powers and whether the court will reinforce its exclusive authority over alcohol regulation in Nigeria.
