FOOD SOVEREIGNTY V. NATIONAL BIOSAFETY COMMITTE & 4 ORS.
(2020) JELR 112263 (CA)
Court of Appeal
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HRS/43/2020
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12 Nov 2020
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Ghana
Coram
MARGARET A. WELBOURNE (MRS) J.A. (PRESIDING)
NICHOLAS C. AGBEVOR J.A.
ERIC K. BAFFOUR J.A
Appearances
Parties Absent.
Bright Okyere Agyekum, Esq with Georgina Batu for the 5th Defendant/Appellant Present.
George Tetteh Wayoe for 1st, 3rd and 4th Plaintiffs/Respondents Absent.
Bright Akkwetey for 2nd Plaintiff/Respondents Absent.
Grace Ewool for 1st to 4th Defendants/Respondents Absent.
Judgement
<p style="text-align: center"><strong><u>JUDGMENT</u></strong></p><p style="text-align: justify"><strong>Baffour J.A:</strong></p><p style="text-align: justify">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:</p><p style="text-align: justify">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.</p><p style="text-align: justify">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 s…</p>