Biotech Updates

Landmark Ruling as Ghanaian Court Dismisses Suit Challenging GM Products

May 29, 2024

Dr. Jerry Nboyine, Ghana's Bt cowpea lead scientist, in a PBR cowpea CFT site

Ghana's Human Rights Court has dismissed a lawsuit challenging the introduction of genetically modified (GM) products into the country putting to an end a nine-year bruising court battle between the country's National Biosafety Authority and civil society groups. The landmark decision hands the country a huge victory in its bid to deliver Maruca pod borer (PBR) resistant Bt cowpea to farmers.

The case had been filed by Food Sovereignty Ghana, Convention People's Party, the Vegetarian Association of Ghana, and Goaso Kanyan Akuafo Kuo against the National Biosafety Authority (NBA) and four others.

In the ruling delivered by Justice Barbara Tetteh-Charway on 24th May 2024, the court termed the suit a ‘red herring' saying the plaintiffs in their application could not adduce evidence to show how their reliefs had a direct bearing on the commercialization of GM cowpea in the country.

The court directed NBA to undertake continuous public sensitization through the media and other publications and liaise with the relevant regulatory authorities to finalize the guidelines for labeling of GM products before any commercialization in the country, publish all relevant data on importation of GM cowpea on the Biosafety Clearing House and label all GM products on the market to enable the public make informed choices.

NBA, working with the Food and Drugs Authority (FDA), has already issued guidelines on labeling of GMOs in Ghana. The guidelines were developed with the involvement of all stakeholders including Food Sovereignty Ghana. Currently, the FDA is in the process of sensitizing relevant stakeholders and the general public about these guidelines.

In June 2022, the Authority approved the environmental release of PBR Bt cowpea, making it the first-ever GM crop to be approved in the country. This development placed Ghana as the second country after Nigeria to approve the release of a GM cowpea. In another milestone, the NBA recently approved 14 novel GM events for food, feed, and processing. The approved products comprised eight (8) maize and six (6) soybean events.

The Authority has assured Ghanaians that approvals granted for the environmental release and importation of GMOs into the country have undergone extensive scientific and socio-economic review in line with international best practices. "The National Biosafety Authority remains committed to ensuring the safety of modern biotechnology in Ghana as well as continue to engage with stakeholders transparently as mandated by the Biosafety Act, 2011 (Act 831)," read a statement shared by the Authority.

Read the NBA's press release for more information.