The National Biosafety Authority (NBA) says the Human Rights Court’s decision on Tuesday to dismiss an application seeking an interlocutory injunction on the approval of 14 genetically modified organism (GMO) products is a victory for science.

The Authority in February approved eight GM maize events and six soybean events to allow two biotechnology companies, Bayer West–Central Africa and Syngenta South Africa, to import these crops into the country.

The approval is for the GMOs to be imported for use as feed, food, and processing, and not for local cultivation.

They include pest-resistant maize, glyphosate-tolerant maize, drought-tolerant maize, pest-resistant soybean, glyphosate-resistant soybean, herbicide-resistant soybean, pest-resistant soybean, and soybeans with decreased fatty acid and increased oleic acid levels. Some of the crops had a combination of two or more different traits.

A suit filed on the 10th of April asked the court for an interlocutory order of injunction restraining the authority and 3 others from releasing the 14 GMOs into the Ghanaian ecosystem until a substantive case against GMOs dating back to 2015 is determined.

Food Sovereignty Ghana, Vegetarian Association of Ghana, and Goaso Kanyan Akuafo Kuo argued issues surrounding the latest approval are at the core of the 2015 suit they filed, portions of which have travelled to the Court of Appeal, Supreme Court, and back to the Human Rights Court.

The groups are seeking a declaration that the National Biosafety Committee which preceded the National Biosafety Authority (NBA) erred in giving the green light for the commencement of work on the development of GM cowpea and rice in Ghana in 2011.

“Significantly, even though the instant (2015) suit concerns specifically GM cowpea and GM rice, critical GMO issues of public awareness, public education, labelling, and the general adherence to internal and international biosafety rules and regulations in the area of GMOs, are up for key judicial determinations and same arise in the recent intended GMO products to be released into the Ghanaian ecosystem,” the affidavit said.

The groups said the latest approval would render any judicial determination on the 2015 case which is still pending before the court meaningless and urged it not to allow the Biosafety Authority and others “to get away with such blatant disregard for the Courts.”

They said the approval amounts to a “gross disrespect for the legal process” and “allowing same would be a gross disrespect to the legal inquiry herein and a slap in the face of justice and fairness in a judicial inquiry.”

They asked the court to intervene and restrain the NBA, Ministry of Environment, Science, and Technology, and Ministry of Food and Agriculture, until the 2015 case is finally determined on 24th May 2024.

But the court presided over by Justice Barbara Tetteh-Charway in dismissing the application on Tuesday said the NBA was simply carrying out its statutory duty when it approved the 14 GMOs.

She said the injunction application could have been averted if the plaintiffs simply sought information from the NBA on what it had done.

A statement from the NBA said the court acknowledged the NBA’s diligence in executing its statutory mandate in ensuring the safety and regulatory compliance of GMO crops within Ghana’s agricultural sector.

The NBA statement adds the ruling marks a significant milestone for actors in the biotechnology and agricultural innovation space and affirms that science-based functional biosafety systems are important to expand producer choice, inspire consumer confidence, facilitate trade, and promote agricultural research and development.

The authority said it remains committed to ensuring the safety of modern biotechnology in Ghana, as well as continuous engagement with stakeholders in a transparent manner.

The applicants say although they disagree with the ruling, they will not do anything about it. They say they look forward to the final ruling on the substantive case next month.