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.
Approaching the court, therefore, SERAP requests the court to declare that the sachet alcohol ban is a valid regulation under the NAFDAC Act.
It 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.
SERAP’s legal action follows reports of renewed attempts by the Secretary to the Government of the Federation, SGF, to delay enforcement, despite prior regulatory directives.
The matter gained additional attention after a unanimous Senate resolution set December 31, 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.
Also the court has not scheduled a hearing.
Source: Premium Times