By Nnimmo Bassey

The recent debate and uproar in Nigeria on genetically modified organisms (GMOs) have brought to light, the pre-existing loopholes in Nigeria’s Biosafety regulatory architecture.

One key issue of concern is the failure of the regulatory agency to make available documents on risk assessment either for peer review or generally to the public to confirm that the approved GM varieties would not create problems for human and environmental health.

So far, the zNational Biosafety Management Agency (NBMA) and other advertisers have repeatedly used the stock phrase that whatever GMO they approve is safe without presenting any scientific proof
as universally required.

Simply parroting this stock phrase and dubbing critical voices “ignorant” or “unscientific” is an insult to Nigerians who demand their right to safe food.

A second issue of concern is the lax regulatory oversight and practical flouting of provisions of the National Biosafety Management Agency (NBMA) Act 2015 as amended in 2019.

The law in section 24 (5) provides that the National Agency for Food and Drug Administration and Control (NAFDAC) shall certify and determine whether GMOs are safe for human consumption.

Recently the Director General of NAFDAC clearly stated that the Agency is not in support of GMOs and that there hasn’t been sufficient risk assessment conducted. The attempts to shove this warning under the carpet by urging NBMA and NAFDAC to speak the same language simply because they are both government agency is a clear attempt to perpetuate bad governance.

In 2017, the NBMA approved the importation of genetically modified maize by WACOT Ltd., barely 3 months after an attempt at illegal importation and an order from the agency that the maize shipment would be repatriated.

The Health of Mother Earth Foundation (HOMEF) wrote to NAFDAC to confirm if they agreed to such an approval.

NAFDAC’s response was that they were not aware of the application.

Whereas in September 2017 the NBMA made a lot of noise about the impounding of the illegally imported GM maize into Nigeria, the same agency turned around to permit the company to bring in GM Maize into Nigeria without any sanction on the defaulting company.

This approval violated Section 23 (1) of the NBMA Act which states: “Any person, institution or body who wishes to import, export, transit or otherwise carry out a contained field trial, multi-locational trial or commercial release of a genetically modified organism shall apply to the Director General of the Agency not less than 270 days to the date of import, export, transit or the commencement of such activity”.

In this case the GM Maize consignment worth over $9 million was already illegally in Nigeria.

Other issues of concern include poor public consultation, lack of provision on strict liability and redress in the NBMA Act, disregard for the precautionary principal and the arbitrary composition of the board of the NBMA with a major promoter of GMOs -the National Biotechnology Development and Research Agency sitting on that board.

It is time to critically examine the state of biosafety in Nigeria, including the implications of GMOs on human and environmental health as well as on our economy and socio-cultural system.

It is equally time to overhaul the current regulatory architecture on GMOs and set up an unbiased system that will prioritise biosafety and protect the interest and the wellbeing of the Nigerian people.

In this workshop, we will examine the very pressing issues of genetically modified organisms (GMOs) and biosafety generally. GMOs are not just about science. Indeed not everything that is scientific is desirable or acceptable. GMOs directly impact on the fundamental human rights to food, right of choice, right to a healthy environment and right to life.

As judicial officials in various capacities, entrusted with upholding the rule of law and ensuring justice prevails in our society, it is imperative that we are well-versed in this issue of national concern.

We should be mindful of vested interests and ensure that decisions regarding GMOs are guided by the precautionary approach, ethical principles and unbiased scientific evidence. We must not compromise the safety of our people, the integrity of our ecosystems or our food sovereignty.

Indeed, we must always keep in view that the Cartagena Protocol on which biosafety regulatory measures are hinged recognizes that the negative impacts of GMOs and thus underscored the Precautionary Principle.

We hope that this workshop will deepen our understanding, encourage meaningful dialogue, and result in decisions that promote the common good.

Welcome.

Welcome Words by Nnimmo Bassey at HOMEF’s Training for Judiciary Officials on GMOs and Biosafety Held in Abuja on 29th July 2024