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SERAP in Court to Further Extension of Moratorium on Sachet Alcohol Ban

Sachet Alcohol Ban SERAP

A Federal High Court in Lagos has been urged to stop the federal government from further extending the moratorium on the ban on sachet alcohol in the country.

This request came from the Socio-Economic Rights and Accountability Project (SERAP), which asked the court for injunctive orders restraining 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), from further extending the deadline and interfering with the statutory powers of the National Agency for Food and Drug Administration and Control (NAFDAC) to enforce the ban.

The federal government intends to prohibit the production, distribution, and sale of alcohol in sachet format but manufacturers are lobbying to alter this.

A few days ago, the federal government suspended the policy due to concerns raised by the House of Representatives Committee on Food and Drugs Administration and Control.

This action was applauded by the Nigeria Employers’ Consultative Association (NECA), which noted that the sachet and PET segment of the alcoholic beverage industry accounts for a significant portion of the estimated N800 billion invested in the sector and supports thousands of direct and indirect jobs in manufacturing, packaging, logistics, wholesale and retail.

But SERAP seems not to be impressed with this as it, in a suit marked FHC/L/CS/2568/25, prayed for a perpetual injunction restraining the government from directing, preventing, blocking, or stopping NAFDAC from enforcing the prohibition, in line with its statutory functions under Sections 5 and 30(c) of the NAFDAC Act, the Spirits Drink Regulation, and the Memorandum of Resolution executed on December 19, 2018.

The civil rights group argues that the continued delay by the relevant federal authorities in enforcing the ban amounts to a failure to implement long-standing public health regulations designed to curb alcohol abuse, protect public safety, and safeguard citizens’ well-being.

In an originating summons dated December 15, 2025, SERAP contends that the ongoing 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 wants 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.

It 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 argues that the 2018 Memorandum of Resolution and subsequent regulations were adopted precisely to address these risks.

Among the reliefs sought are declarations that the sachet alcohol ban is a valid regulation under the NAFDAC Act; that the Minister of Health has no 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, in the suit filed on its behalf by Mofesomo Tayo-Oyetibo (SAN), alongside a team of lawyers from Tayo Oyetibo LP, to affirm that the defendants have a duty to ensure the full implementation of the ban nationwide.

The court is expected to fix a hearing date in a few days time.

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