The Federal Ministry of Health and Social Welfare (FMOHSW) has told a Federal High Court in Lagos that the National Agency for Food and Drug Administration and Control (NAFDAC) is authorised by law to enforce the ban on the production and sale of alcoholic beverages in sachets, PET bottles, and glass bottles below 200ml.

The ministry, through its lawyer, Jumoke Motilayo Falaye, averred that it does not and has never interfered in NAFDAC’s operations, saying the ministry is not an enforcement agency of the Federal Government.

In a counter-affidavit filed before the court on February 23, 2026 in response to a suit filed by the Socio-Economic Rights and Accountability Project (SERAP), the ministry maintained that NAFDAC 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 argued that it has no authority to direct, prevent or stop NAFDAC from carrying out its statutory mandate. It further stated that the 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.

According to the counter-affidavit, NAFDAC’s powers are derived from Sections 5 and 30 of the NAFDAC Act, as well as other applicable regulations. The ministry insisted that enforcement decisions fall squarely within the agency’s mandate.

The ministry also told the court that any claims suggesting interference by the Minister in NAFDAC’s enforcement processes are speculative and unsupported by evidence.

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