The Socio-Economic Rights and Accountability Project (SERAP) has instituted a legal action against the Federal Government, seeking to compel the immediate enforcement of the ban on sachet alcohol. In a suit filed at the Federal High Court in Lagos, the civil society organisation is asking the court to restrain the government from interfering with the regulatory duties of the National Agency for Food and Drug Administration and Control (NAFDAC).
The lawsuit, designated FHC/L/CS/2568/25, names the Minister of Health and Social Welfare and the Attorney-General of the Federation as defendants. At the heart of the legal battle is the contention that the federal government’s delay or suspension of the ban on alcohol in sachets and small polyethylene terephthalate (PET) bottles violates existing laws and endangers public health. SERAP argues that the continued circulation of these products is a direct contravention of the National Health Act of 2014, the NAFDAC Act, and the Spirits Drink Regulation of 2021.
The move by SERAP comes amidst reports of potential political interference in the regulatory crackdown. The organisation’s filing, submitted by counsel Mofesomo Tayo-Oyetibo, SAN, challenges the legal authority of the Minister of Health to grant any moratorium or suspension on the ban, which was originally agreed upon in a 2018 Memorandum of Resolution. That agreement, involving key stakeholders, set a timeline for the gradual phase-out of alcohol in small packages, citing their role in fueling underage drinking and alcohol abuse among vulnerable populations due to their affordability and accessibility.
In its originating summons, SERAP poses critical questions for judicial determination. It seeks to know whether any federal authority possesses the power to override or delay NAFDAC’s statutory mandate to safeguard public health. The group argues that the government’s failure to back the regulatory agency amounts to a dereliction of duty, prioritizing the commercial interests of a few manufacturers over the well-being of millions of Nigerians. “The 2018 Memorandum of Resolution and subsequent regulations were adopted precisely to address these risks,” SERAP stated in its filing, noting that sachet alcohol is frequently linked to rising cases of health complications and social disorder.
The urgency of the suit is underscored by recent legislative actions. The Nigerian Senate had previously passed a unanimous resolution demanding full enforcement of the ban by December 2025. Despite this high-level support, enforcement has been sporadic, with allegations surfacing that powerful industry lobbyists are pressuring the government to extend the timeline for compliance indefinitely. SERAP’s lawsuit aims to cut through this bureaucratic inertia by obtaining a court declaration that the ban is valid, binding, and non-negotiable.
Among the specific reliefs sought by the plaintiffs are declarations that the ban is a legitimate exercise of NAFDAC’s regulatory power and that the Minister of Health lacks the statutory authority to interfere. The group is also asking for a mandatory order compelling the defendants to provide NAFDAC with the necessary backing to clear the market of the prohibited products.
Public health experts have long warned about the dangers of sachet alcohol, which often contains high percentages of ethanol in volumes that encourage binge drinking. The low unit cost makes these products particularly attractive to youths and low-income earners, bypassing the economic barriers that usually regulate alcohol consumption.
As the court prepares to fix a date for the hearing, the case promises to be a litmus test for the independence of Nigeria’s regulatory agencies. A ruling in favor of SERAP would not only mandate the immediate removal of sachet alcohol from the streets but also establish a significant legal precedent regarding the limits of political oversight on specialized health regulations. For now, the legal machinery has been set in motion, with SERAP insisting that “public interest must prevail over the selfish profit objectives of a few.”
