The Federal Ministry of Health and Social Welfare has affirmed in a legal proceeding that the National Agency for Food and Drug Administration and Control (NAFDAC) possesses the statutory authority to enforce a ban on the production and sale of alcoholic beverages packaged in sachets, PET bottles, and glass bottles of less than 200 milliliters. This statement was made in a counter-affidavit filed in response to a suit raised by the Socio-Economic Rights and Accountability Project, which challenges the agency’s mandated regulatory scope.

In the legal documents submitted to the Federal High Court in Lagos, the ministry explicitly stated that NAFDAC's autonomy and regulatory authority are enshrined within its founding legislation. The assertion emphasizes that the Ministry of Health does not interfere in the regulatory functions of NAFDAC, insisting on the agency's independence in enforcing laws related to food and drug safety. This separation is crucial for maintaining NAFDAC's integrity as an enforcement body without governmental interference.

The implications of this declaration are significant as it underscores the government's commitment to curbing the production and sale of low-quality alcoholic products in Nigeria. The push towards stricter regulation reflects ongoing public health concerns regarding the consumption of alcohol in unregulated packaging, which can lead to various health risks. The court's acceptance of the ministry's position may pave the way for NAFDAC to intensify its enforcement actions against illegal production, ultimately aiming to safeguard public health and ensure compliance within the alcoholic beverage industry.