FOOD SOVEREINGTY v. NATIONAL BIOSAFETY COMMITTEE & ORS

Baffour J.A:

By an amended writ filed on the 29th of June, 2015, the Plaintiffs (hereinafter called the “Respondents”) sought the following reliefs before the court below:

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 [sic] to issues of biotechnology, biosafety and such related matter 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 production 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 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 GNAFF.

e. A declaration that on the factual basis that majority 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 consumes 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 laws, regarding food and agriculture products.

g. And for any other orders this honourable court may deem fit

The complaint of the Respondents in their statement of claim is to the effect that the Biosafety Act, Act 831, calls for the establishment of National Biosafety Authority to ensure adequate level of protection in the development, transfer, handli