FOOD SOVEREIGNTY GHANA AND 3 OTHERS VS NATIONAL BIOSAFETY COMMITTEE AND 4 OTHERS
2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JUSTICE GIFTY AGYEI ADDO
Areas of Law
- Administrative Law
- Constitutional Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
Plaintiffs challenged the legality and actions of the National Biosafety Committee and regulatory compliance by the 1st Defendant regarding GMOs based on the Biosafety Act, 2011. The case primarily examined if the court had jurisdiction given the non-operation of the Appeals Tribunal at the time of filing. The court ruled in favor of its jurisdiction noting the impracticality of seeking redress from a non-functional tribunal, while recognizing the necessity to usually exhaust local remedies first.
Per their amended writ of summons and statement of claim filed on 29th June, 2015, the Plaintiffs pray for the following reliefs: a. A declaration that the Biosafety Act, 2011 (Act 831) makes provision for a National Biosafety Authority (NBA) and not a National Biosafety Committee (NBC) and that the NBC does not have any legal backing to act in the manner it has been acting with regards to issues of biotechnology, biosafety and such related matters and the approval to release and commercialize GMO products in Ghana, so long as the Biosafety Act is concerned.
And that at the time of filing this suit on the 5th day of February, 2015 there was no National Biosafety Authority in existence as required by Act 831. b. A declaration that in approving the release and commercialization of GMOs into the Ghanaian environment, the 1st Defendant has not met the requirement of the law on major issues of risk assessment and risk management etc.
in such related matters.
c. A declaration that the 1st Defendant cannot approve the release and commercialization of GMO products in Ghana without expressly respecting and adhering to the Biosafety Act of Ghana (Act 831). d. A declaration that even though the 5th Defendant goes by the name Ghana National Association of Farmers and Fishermen (GNAFF), the group does not necessarily represent the interest of all farmers and fishermen in Ghana as the group’s membership does not factually include all farmers and fishermen in Ghana.
And to that extent, the views of the GNAFF in this suit does not necessarily reflect the views of other farmers and fishermen in other parts of Ghana, who are not members of the GNAFF.
e. A declaration that on the factual basis that majority of the membership of GNAFF are rural farmers and also not experts in genetic engineering, any quest to make a case for genetic engineering would be erroneous and a disservice to the general public who consume the agricultural products they produce by their farming activities.
f. That the 2nd Defendant is obliged to oversee the activities of the National Biosafety Committee to comply with the enabling law, regarding food and agriculture in Ghana.
g. And for any other orders this Honorable Court may deem fit.
At the close of pleadings and at the application for directions stage on 31st October, 2018, the following issues as gleaned from the pleadings of the parties herein were set down for trial: i. Whether or not the jurisdiction of this Court has properly been inv