The Socio-Economic Rights and Accountability Project (SERAP) has filed a suit at the Federal High Court in Lagos, seeking to stop the Federal Ministry of Health and the Attorney-General of the Federation from extending the moratorium on the nationwide ban of alcohol in sachets.
The civil society group also asked the court to restrain any federal interference with the National Agency for Food and Drug Administration and Control (NAFDAC) in enforcing the ban.
The suit, filed on SERAP’s behalf by Mofesomo Tayo-Oyetibo, a Senior Advocate of Nigeria (SAN), argued that the continued circulation of sachet alcohol violates the National Health Act, 2014, the NAFDAC Act, the Spirits Drink Regulation, 2021, and a 2018 Memorandum of Resolution.
SERAP wants the court to determine whether the Health Minister can lawfully refuse to enforce the ban and whether any federal authority can legally interfere with NAFDAC.
The group said judicial intervention is needed to protect public health and safety.
“Sachet alcohol, often cheap and highly potent, has contributed to rising cases of alcohol abuse, especially among young people and low-income communities,” SERAP stated in a statement shared with PREMIUM TIMES on Thursday.
The statement reveals that the 2018 Memorandum and subsequent regulations were designed to address these public health threats.
Prayers
SERAP requests the court to declare that the sachet alcohol ban is a valid regulation under the NAFDAC Act.
The organisation also urged the court to affirm that the Minister of Health cannot lawfully grant or extend a moratorium and that no federal authority can interfere with NAFDAC’s enforcement responsibilities.
The legal action follows reports of renewed attempts by the Secretary to the Government of the Federation to delay enforcement, despite prior regulatory directives.
The matter gained additional attention after a unanimous Senate resolution set December as the deadline for full enforcement of the ban, citing public health concerns.
At the time of publishing this report, the Ministry of Health, the Attorney-General, and NAFDAC had not released statements.
The court has not scheduled a hearing.
Background
Sachet and small-bottle alcohol were banned under Nigeria’s 2018 regulatory framework, reinforced by NAFDAC’s 2021 Spirits Drink Regulation.
Despite repeated extensions of a federal moratorium, NAFDAC has reiterated its commitment to enforce the ban by December 2025.
Director-General Mojisola Adeyeye said the decision followed a Senate directive aimed at protecting public health.
Senator Asuquo Ekpenyong representing Cross River South raised concerns over repeated postponements, spotlighting the rising social and health problems linked to sachet alcohol.
Nigeria first signed a five-year Memorandum of Understanding (MoU) in 2018 with NAFDAC, the Ministry of Health, and industry stakeholders to phase out high-strength alcohol in sachets.
The agreement expired in 2023 but was extended to December 2025 to allow manufacturers time to adjust.
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The ban
The ban applies to spirit drinks packaged in sachets or containers below 200 millilitres. It targets children, adolescents, and commercial drivers to curb harmful alcohol consumption.
“This ban is not punitive; it is protective. We cannot continue to sacrifice Nigerians’ health for short-term economic gain. The health of a nation is its true wealth,” Mrs Adeyeye said.
NAFDAC described sachet alcohol as cheap, highly addictive, and widely accessible, linking it to domestic violence, road accidents, school dropouts, and other social vices.
The agency said it would collaborate with the Federal Competition and Consumer Protection Commission (FCCPC) and the National Orientation Agency (NOA) on nationwide awareness campaigns.
But civil society group Stand Up Nigeria criticised the ban as undemocratic, warning it could cost trillions of naira and millions of jobs.
Its convener, Sunday Attah, said the directive contradicted President Bola Tinubu’s “Renewed Hope” agenda, which prioritises economic empowerment.
“Directing NAFDAC to enforce this ban without hearing affected parties undermines due process,” he said.
