The case in which Food Sovereignty Ghana is suing for an
interim injunction on the commercial release of Bt cowpea and GM rice is set to
be heard at the Human Rights Division of the Accra Fast Track Court on Monday,
4th May. The case attracted a huge national and international attention when at
the second hearing, His Lordship Anthony Kwadwo Yeboah reminded the defendant
that until the application by the plaintiff is heard, they cannot do anything
in relation to the authorisation of Bt. cowpea or GM rice until the process is
over, which amounted to a temporary ban on the commercial release of GM crops
until the case had been disposed of.
It would be recalled that following a series of publications
in November and December of 2014, at the instance of the Savannah Agricultural
Research Institute (SARI) indicated to the public that SARI intended “to embark
on the multiplication of seeds of the Bt cowpea in commercial quantities next
year (ie 2015) for distribution to farmers for planting in the three northern
regions”.
The case was first heard on February 17th, and was greeted
with a hurriedly inaugurated National Biosafety Authority (NBA) on the same
day. The plaintiffs, FSG had originally sued the National Biosafety Committee
(NBC) and the Ministry of Food and Agriculture (MOFA) but counsel for the
defendants requested the National Biosafety Authority and the
Attorney-General’s Department to be joined in the suit as co-defendants.
The FSG is claiming that the Biosafety Act, 2011, Act 831,
and the Legislative Instrument 1887, which established the NBC, have not been
respected as regards the authorization of confined field trials and the conditions
for a commercial release of GM crops, as it relates to the threats by SARI “to
embark on the multiplication of seeds of the Bt cowpea in commercial
quantities”.
According to FSG lawyer Mr. George Tetteh Wayo, “We are
making this petition because, unfortunately and quite alarmingly, we see
serious breaches to be going on. Our main argument is that the Biosafety law in
Ghana, as well as international biosafety protocols and treaties are being
breached by the defendants”.
The court is likely to hear the argument from the defendants
that the applicant’s motion for interlocutory injunction and the court will be
looking at both affidavits and determine the relevant issues raised, whether or
not to grant or dismiss the application.
So far as the FSG is concerned, the announcement by SARI for
“the multiplication of seeds of the Bt cowpea in commercial quantities… for
distribution to farmers for planting in the three northern regions” has nothing
to do with confined field trials. Furthermore the inconsistency by the CSIR and
the NBC as to the timeline regarding the release and commercialisation of GM
rice causes great alarm. The wisest thing for the plaintiff to do is to seek an
injunction until the substantive case is heard.
The hearing begins at 9.00am at the Human Rights Division of
the High Court.
For Life, the Environment and Social Justice!
Edwin Kweku Andoh Baffour
Communications Directorate,
Contact: Tel: +233 503 895 751
