Supreme Court unanimously dismisses case against regulation of plant breeders

The Supreme Court has issued a unanimous decision, dismissing a case filed against the regulation of plant breeders in Ghana.

In 2020, Parliament passed the Plant Variety Protection Act 2020 (ACT 1050), which aimed to regulate breeders in the country.

The law defines a breeder as an individual who bred or discovered and developed a plant variety, the employer of the breeder, or the breeder's successor in title.

According to the law, breeders are bound by any measures implemented by Ghana to regulate the production, certification, and marketing of plant material, as well as the importation or exportation of such material. Breeders are required to apply for a plant breeder right to engage in these activities.

Food Sovereignty Ghana, a food advocacy group, brought the case against the Attorney General, arguing that certain provisions of the law are unconstitutional.

The group, through its legal representatives, contended that these provisions infringe upon farmers' rights to save, use, exchange, and sell farm-saved seeds and other propagating material. They also argued that the law restricts farmers' right to propagate material, as it requires authorization.

Additionally, the group pointed out that the law was enacted to enforce an international convention that has not been ratified by Ghana.

Food Sovereignty Ghana sought a declaration from the Supreme Court that these provisions of the law are unconstitutional. On May 31, a seven-member Supreme Court panel, presided over by Justice Paul Baffoe Bonnie, unanimously dismissed the case.

Justice Bonnie noted that "the case fails in its entirety as the jurisdiction of the court has not been properly invoked," myjoyonline.com reports.

The Court's detailed reasons for the decision will be made available on October 2, 2023. The panel also included Justices Gabriel Pwamang, Professor Henrietta Mensah Bonsu, Lovelace Johnson, Emmanuel Y. Kulendi, and Barba Ackah-Yensu.

Wayoe Ghanamannti, lead counsel for Food Sovereignty Ghana, expressed disagreement with the decision and stated that they would wait to review the Court's reasons before advising their clients.

"It is trite law that domestic law and international law are different and must be ratified before they are used," Ghanamannti remarked.

The dismissal of the case by the Supreme Court concludes this legal challenge against the regulation of plant breeders, marking an important development in the implementation of the Plant Variety Protection Act 2020.

YNA/OGB