The Socio-Economic Rights and Accountability Project (SERAP) has asked the Federal High Court in Lagos to restrain the Federal Government from further extending the moratorium on the ban of sachet alcohol.
In the suit, SERAP is seeking injunctive orders against the Federal Ministry of Health and Social Welfare and the Attorney-General of the Federation, who represents the Federal Government, including the Office of the Secretary to the Government of the Federation (SGF).
The organisation is also asking the court to stop any interference with the statutory powers of the National Agency for Food and Drug Administration and Control (NAFDAC) to enforce the ban on the production, distribution and sale of alcohol in sachet format.
Specifically, SERAP is requesting an order of injunction restraining the defendants, their agents and representatives from extending any moratorium on the sachet alcohol ban.
The group is also seeking a perpetual injunction restraining the defendants from directing, preventing or stopping NAFDAC from enforcing the prohibition in line with its statutory responsibilities under Sections 5 and 30(c) of the NAFDAC Act, the Spirits Drink Regulation 2021, and the Memorandum of Resolution executed on December 19, 2018.
In the suit marked FHC/L/CS/2568/25, SERAP is asking the court to compel the Ministry of Health and Social Welfare, through its supervisory authority, to immediately ensure that NAFDAC fully enforces the existing nationwide ban on sachet alcohol.
The defendants in the case are the Minister of Health and Social Welfare and the Attorney-General of the Federation.
SERAP argued that the continued delay in enforcing the ban amounts to a failure to implement long-standing public health regulations aimed at curbing alcohol abuse, protecting public safety and safeguarding citizens’ well-being.
The suit was filed on SERAP’s behalf by Mofesomo Tayo-Oyetibo, SAN, alongside a team of lawyers from Tayo Oyetibo LP.
In an originating summons dated December 15, 2025, SERAP contended that the continued circulation of sachet alcohol violates the National Health Act 2014, the NAFDAC Act, the Spirits Drink Regulation 2021 and the Memorandum of Resolution of December 19, 2018, which collectively mandate a nationwide ban on sachet alcohol.
The organisation is asking the court to determine whether the Minister of Health can lawfully refuse or fail to enforce the prohibition, and whether any federal authority has the power to interfere with or delay NAFDAC’s statutory duty to enforce the ban.
SERAP also wants the court to decide whether, given the acknowledged dangers of alcohol abuse, judicial intervention is required in the interest of public health, public safety and public order.
According to SERAP, sachet alcohol, often cheap, highly potent and widely accessible has been linked to rising cases of alcohol abuse, particularly among young people and low-income communities. It said the 2018 Memorandum of Resolution and subsequent regulations were adopted to address these risks.
Among the reliefs sought are declarations that the sachet alcohol ban is valid under the NAFDAC Act; that the Minister of Health lacks legal authority to grant or extend any moratorium on its enforcement; and that it is unlawful for any federal authority to interfere with NAFDAC’s enforcement responsibilities.
SERAP is also asking the court to affirm that the defendants have a duty to ensure the full implementation of the ban nationwide.
The legal action follows recent, unverified social media reports suggesting attempts to further delay enforcement of the ban, allegedly driven by operators seeking to continue violating the regulation despite earlier directives and industry commitments.
The issue gained renewed attention after the Senate, during plenary, passed a unanimous resolution setting December 2025 as the deadline for full enforcement of the ban, citing public health concerns.
SERAP maintained that continued delays undermine Nigeria’s health laws and expose citizens to preventable harm, urging authorities to prioritise public interest over private profit.
The court is expected to fix a hearing date in the coming days.
