NAFDAC Sachet Alcohol Ban and its Enforcement Dilemma: Legislative Considerations

Abstract

In January 2026, the National Agency for Food and Drug Administration and Control (NAFDAC) moved to enforce the ban on alcoholic beverages packaged in sachets and containers below 200 ml, citing legislative directives and public health concerns. It should be that NAFDAC’s enforcement powers are derived from Sections 5 and 30 of the NAFDAC Act and other applicable regulations. Thus, all decisions relating to enforcement fall squarely within the agency’s jurisdiction. However, this ban was halted by a joint intervention by the Office of the Secretary to the Government of the Federation OSGF and the Office of the National Security Adviser ONSA, citing grave concerns over economic stability and potential security threats1. This brief contends that while the concerns of the federal government are noted, it is necessary to underscore the nexus between economic stability and outright breaches of policy agreements by business on matters that border on public health concerns. The following recommendations are proffered:  Lawmakers may wish to refer the offices of the SGF and NSA to the November 6th Resolution of the Senate on enforcing the NAFDAC ban. Additionally, the House of Representatives may issue a similar resolution to align with that of the Senate, in order to allow for joint agreement on enforcement of the ban.  The National Assembly may wish to amend the NAFDAC establishment Act to explicitly grant powers to the agency in relation to monitoring and enforcing the packaging, marketing, and sale of alcohol products below 200ml.  Lawmakers may wish to engage the Executive to provide a definitive timeline for the release of the National Alcohol Policy to the public. This will ensure that NAFDAC’s regulatory powers are not subject to protracted policymaking processes.