The Federal Ministry of Health and Social Welfare has informed the Federal High Court in Lagos that the National Agency for Food and Drug Administration and Control is legally empowered to enforce the ban on alcoholic beverages packaged in sachets, PET bottles, and glass bottles below 200ml.
In a counter-affidavit filed in response to a suit by the Socio-Economic Rights and Accountability Project, the ministry stated that NAFDAC’s authority to regulate and enforce compliance in matters relating to food, drugs, and other consumable products, including alcoholic drinks, is clearly outlined in its establishing law.
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Represented by its counsel, Jumoke Falaye, the ministry emphasised that it has never interfered with the operations of the regulatory agency, noting that it is not an enforcement body of the Federal Government and lacks the legal authority to direct or restrain NAFDAC in carrying out its statutory responsibilities.
The ministry further clarified that the Minister of Health and Social Welfare did not grant any fresh extension of the moratorium on the enforcement of the sachet alcohol ban across the country.
SERAP is asking the court to affirm the validity of the ban and prevent government officials from extending any delay or stopping NAFDAC from enforcing the regulation.
The court is yet to fix a date for hearing the case.
