SERAP sues FG at Federal High Court to restrain interference in NAFDAC’s enforcement of sachet alcohol ban, seeking injunctions amid recent suspension and public health concerns
In a bold move to protect public health, the Socio-Economic Rights and Accountability Project (SERAP) has hauled the Federal Government to court, seeking urgent orders to prevent any further interference with the National Agency for Food and Drug Administration and Control (NAFDAC)’s enforcement of the long-standing ban on alcoholic beverages in sachets.
The suit, filed at the Federal High Court in Lagos and marked FHC/L/CS/2568/25, comes amid fresh tensions over the implementation of the prohibition, which has faced repeated delays despite legislative backing.
SERAP is praying the court for injunctive reliefs restraining the Minister of Health and Social Welfare, the Attorney-General of the Federation (AGF), and other federal authorities, including the Office of the Secretary to the Government of the Federation (SGF), from extending any moratorium on the ban or blocking NAFDAC’s statutory duties.
The organisation wants a perpetual injunction to stop the defendants from directing, preventing, or halting NAFDAC’s enforcement actions, in line with Sections 5 and 30(c) of the NAFDAC Act, the Spirits Drink Regulation 2021, and the 2018 Memorandum of Resolution signed by stakeholders.
Filed on behalf of SERAP by Mofesomo Tayo-Oyetibo, SAN, and lawyers from Tayo Oyetibo LP, the originating summons dated December 15, 2025, also seeks an order compelling the Ministry of Health to direct NAFDAC to immediately enforce the nationwide ban on production, distribution, and sale of sachet alcohol.
A Battle for Public Health
SERAP argues that cheap, potent sachet alcohol has fueled rising abuse, especially among youths and low-income groups, contributing to health crises, road accidents, and social vices.
“The continued circulation of these products violates the National Health Act 2014, NAFDAC Act, and international commitments to reduce harmful alcohol use,” the group contends.
The suit asks the court to determine if the Minister of Health can lawfully delay enforcement and if any federal authority can interfere with NAFDAC’s mandate.
It further seeks declarations that the ban is valid, that no moratorium extensions are lawful, and that the government has a duty to prioritise citizens’ well-being over commercial interests.
Background of Delays and Recent Suspension
The ban originated from a 2018 agreement between NAFDAC, the Ministry of Health, industry bodies, and others to phase out sachet packaging by 2024, later extended to December 2025 amid industry pressure over jobs and investments.
In November 2025, the Senate unanimously resolved to enforce the ban by December 2025, citing public health urgency and rejecting further delays.
However, just days ago, the SGF directed suspension of all enforcement actions pending review, following interventions from the House of Representatives.
SERAP’s action follows reports of attempts to postpone enforcement again, which the group describes as prioritising “selfish profit objectives of a few non-compliant businessmen” over public interest.
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