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The Socio-Economic Rights and Accountability Project (SERAP) has asked the Federal High Court in Lagos to issue injunctive orders restraining the Federal Ministry of Health and Social Welfare and the Office of the Secretary to the Government of the Federation (SGF) from further extending the moratorium on the prohibition of the production, distribution, and sale of alcohol in sachet format.

The Rights Group also asked for order restraining them from interfering with the statutory powers of the National Agency for Food and Drug Administration and Control (NAFDAC) to enforce the ban.

Specifically, SERAP is seeking an order of injunction restraining the defendants, their servants, agents, privies, and all persons or authorities acting through them from extending any moratorium on the sachet alcohol ban.

The organisation is also asking the court for a perpetual injunction restraining the defendants from directing, preventing, blocking, or stopping NAFDAC from enforcing the prohibition, in line with its statutory functions under Sections 5 and 30(c) of the NAFDAC Act, the Spirits Drink Regulation, and the Memorandum of Resolution executed on 19 December 2018.

In the suit marked FHC/L/CS/2568/25, SERAP is asking the court to compel the Federal Ministry of Health and Social Welfare, through its supervisory authority, to immediately direct NAFDAC to fully enforce the existing nationwide ban on the production, distribution, and sale of alcohol in sachet format.

The defendants in the case are the Minister of Health and Social Welfare and the Attorney-General of the Federation.

The group argues that the continued delay by the relevant federal authorities in enforcing the ban amounts to a failure to implement long-standing public health regulations designed to curb alcohol abuse, protect public safety, and safeguard citizens’ well-being.

The suit was filed on SERAP’s behalf by Mofesomo Tayo-Oyetibo, SAN, alongside a team of lawyers from Tayo Oyetibo LP.

In an originating summons dated 15 December 2025, SERAP contends that the ongoing circulation of sachet alcohol violates the National Health Act, 2014, the NAFDAC Act, the Spirits Drink Regulation, 2021, and the Memorandum of Resolution of 19 December 2018, which collectively mandate a nationwide ban on sachet alcohol.

SERAP is asking the court to determine whether the Minister of Health can lawfully refuse or fail to enforce the prohibition, and whether any federal authority has the power to interfere with or delay NAFDAC’s statutory duty to enforce the ban.

The organisation also wants the court to decide whether, given the acknowledged dangers of alcohol abuse, judicial intervention is required in the interest of public health, public safety, and public order.

According to SERAP, sachet alcohol, often cheap, highly potent, and widely accessible, has been linked to rising cases of alcohol abuse, particularly among young people and low-income communities. It argues that the 2018 Memorandum of Resolution and subsequent regulations were adopted precisely to address these risks.

Among the reliefs sought are declarations that the sachet alcohol ban is a valid regulation under the NAFDAC Act; that the Minister of Health has no legal authority to grant or extend any moratorium on its enforcement; and that it is unlawful for any federal authority to interfere with NAFDAC’s enforcement responsibilities.

SERAP is also asking the court to affirm that the defendants have a duty to ensure the full implementation of the ban nationwide.

The legal action follows recent unverified social media news suggesting there is an attempt to further postpone the long overdue enforcement of the ban championed by a few operstors bent on continued violation of the regulation, despite earlier regulatory directive and broad industry commitments. The issue has gained renewed attention after the Senate in full plenary session passed a unanimous resolution setting a December 2025 deadline for full enforcement of the ban, citing public health concerns.

SERAP insists that continued delays undermine Nigeria’s health laws and expose citizens to preventable harm, urging the relevant authorities to prioritise public interest over selfish profit objectives of a few non-compliant businessmen.

The court is expected to fix a hearing date once the defendants enter their appearance.

For the umpteenth time, the court has thrown out a case of fraud filed against the tech magnate and Chairman of Zinox Technologies, Mr. Leo Stan Ekeh, his wife, Chioma Ekeh and 11 others.
The latest is the dismissal of the suit by Justice Akpan Okon Ebong of the Federal High Court, Abuja who struck out the case filed by Mr. Femi Falana SAN, purporting to act on a fiat donated to him by the Attorney General and Minister of Justice of the Federal Republic of Nigeria, Mr. Lateef Fagbemi SAN, against Leo Stan Ekeh, and 12 others.

The other defendants are Mr. Chris Eze Ozims, Oyebode Folashade, Charles Adigwe, Obilo Onuoha, Agartha Ukoha, Anya O. Anya, Femi Dosumu, Nnenna Kalu, Admas Digital Technologies Limited, Technology Distributions Limited and Zinox Technologies Limited.

In the suit No. FCT/HC/CR/985/24 filed in November 2024, Falana on behalf of his client, Benjamin Joseph, the CEO of Citadel Oracle Concept Limited, an Ibadan-based computer firm, filed charges against Ekeh, 9 other individuals and 3 companies before the Federal High Court in Abuja for allegedly diverting N162,247,513.80 being payment for laptop supply contract at the Federal Inland Revenue Service (FIRS) Headquarters which Technology Distribution Ltd (now TD Africa), the biggest tech equipment distributor in Sub Saharan Africa, supplied on behalf of Citadel in 2012.

However, in the Certified True Copy of the judgment dated March 20, 2025, Justice Ebong ruled as follows: “It is my conclusion based on the foregoing that this charge (No. FCT/HC/CR/985/2024, Federal Republic of Nigeria Vs Leo Stan Ekeh and 12 ORS) constitutes a gross abuse of court process and is liable to dismissal. I accordingly hereby dismiss it.”

Before arriving at his judgment which has put a final nail on the coffin of a case that other courts had dismissed in the past as dead on arrival, Justice Ebong had considered the outcome of previous cases and petitions filed by Joseph none of which was in his favour.

Justice Ebong said: “One intriguing aspect of this matter is that none of the law enforcement agencies involved in the investigation of the nominal complainant’s (Joseph) numerous petitions has found merit in any of his allegations against the defendants. When called upon before Senchi J. (Justice Danlami Z. Senchi) to prove his said allegations to the court, he failed to turn up in court. One then wonders on what premise he wants to maintain this campaign of persecution against the defendants.

”Previous judgments on the matter had established that rather than being the culprit, Ekeh and the 12 others were actually the victims of a failed money diversion scheme plotted by Joseph and Citadel.”

When contacted, one of the defendants, Mr. Chris Eze Ozims, a lawyer, said: “This ruling truly reflects our consistent position on the allegations, and it is good that we have been vindicated, once more, by a competent high court.”

He asserted that the judgment of Justice Ebong was consistent with the position of the defendants and in tandem with the ruling of other judges who had earlier adjudicated on the same matter in the past.

Chief Counsel to the defendants, Mr. Matthew Burkaa SAN, described the judgment as victory for integrity and the rule of law.

Court papers showed that Falana’s suit was based on the same claims which various courts had in the past dismissed as falsehood and baseless.

The case arose from a contract between Citadel and Technology Distributions Limited over the supply of computers to the Federal Inland Revenue Service (FIRS), a project fully funded by Technology Distributions and has no bearing whatsoever with Zinox and its promoter, Leo Stan Ekeh.

It will be recalled that Joseph had lost the case and its adjunct suits at different courts in the past.

In his petition to the police in 2013, it was discovered by police authorities that Joseph provided false information to the Police, prompting the Inspector General of Police to charge him for false information in Charge No. CR/216/16.

In another case filed by the EFCC at his instance against his partner, Princess Kama, in Charge No. FCT/HC/CR/244/2018, Justice Danlami Z. Senchi of the FCT High Court (as he then was), dismissed as false all the allegations made by Benjamin Joseph, and imposed the sum of N20 million as damages against him for false petitioning in relation to these same allegations.

Earlier Court papers showed that Joseph had in his statement on oath in Suit No: LD/4335/2014 in the High Court of Justice, Lagos State, dated 28 June, 2019 averred that his company, Citadel, did not execute any contract with FIRS and that he was not aware that a contract was awarded to Citadel.

In his deposition under oath, Joseph claimed that Citadel “did not at any time execute any contract for the FIRS and neither did the 2nd defendant (Princess O. Kama) who is its agent in respect of the contract it bidded for with the FIRS deliver/release any documents to the Claimant (Citadel) indicating that the contract it bidded for or any other contract was awarded to it by the FIRS or any other body.”

However, a letter from the FIRS addressed to the Chamber of Afe Babalola & Co dated 11 February 2014 (FIRS/PD/GDS/2559) and signed by one Idrissa Kogo, Head, Legal Department, stated: “Contrary to your client’s claim that they knew nothing about the execution of the contract awarded to them and that they did not receive any payment for the execution of the contract, our record reveals otherwise.

“Your client instructed FIRS through a letter dated 13th December 2012 to deal with Princess O. Kama (Your client’s agent) in relation to the contract. Through three separate letters dated 20th December 2012, your client instructed FIRS to pay to the client’s account with Access Bank plc. Please note that FIRS acted in compliance with your client’s instruction and with due diligence,” the FIRS letter stated.

The FIRS letter was a response to inquiry by Afe Babalola Chamber, Lawyers to Citadel Oracle Concept Ltd and its MD, Benjamin Joseph, at that time.

The current charges filed by Falana on the basis of a fiat from the Attorney General is the third in a row as Joseph had earlier filed charge number CR/469/2022, which was struck out by Justice C. O. Oba of the FCT High Court, by an order dated 8th November 2022.

Determined to push through his case, Joseph filed the same charges before Honorable Justice A. S. Adepoju of the FCT High Court, and the charges were, once again, struck out by the Honorable Court on 19th March 2024, with Justice Adepoju holding that: “This matter was brought in dead, extinct and should be confined into the dustbin of history…I hold that the instant suit is an abuse of the process of court and it is hereby struck out accordingly.”