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Supreme Court dismisses case against regulation of plant breeders
The Supreme Court has, in a unanimous decision, dismissed a case filed against the regulation of plant breeders.
Parliament in 2020 passed the Plant Variety Protection Act, 2020 (ACT 1050) to regulate breeders.
A breeder under this law is a person who bred or discovered and developed a variety, the employer of the person or the successor in title of the person.
The law makes a breeder bound to any measure taken by Ghana to regulate the “production, certification and marketing of material of a variety of the importation or exportation of the material.
The law requires breeders to apply for a plant breeder right in order to undertake the activity. Food advocacy group, Food Sovereignty Ghana dragged the Attorney General to the Supreme Court contending that these portions of the law are unconstitutional.
The group through its lawyers argued that these portions of the law constitute “an unnecessary infringement on the farmers’ rights to save, use, exchange and sell farm-saved seeds and other propagating material.
They also pointed out that it hinders “farmers’ right to propagate material as same is hindered by authorisation”.
They pointed out that this law was passed to enforce an international convention which has not been ratified by Ghana.
The group wanted the Supreme Court to declare these portions of the law as unconstitutional. A seven-member Supreme Court panel presided over by Justice Paul Baffoe Bonnie on May 31 unanimously dismissed the case. Justice Bonnie pointed out that “the case fails in its entirety as the jurisdiction of the court has not been properly invoked”.
He said the Court’s full reasons will be available on October 2, 2023. Other panel members were Justices Gabriel Pwamang, Professor Henrietta Mensah Bonsu, Lovelace Johnson, Emmanuel Y. Kulendi and Barba Ackah-Yensu. Lead counsel for the group Wayoe Ghanamannti told JoyNews he disagrees with the decisions.
“They said their jurisdiction have not been invoked. We are yet to see the reasons but we will wait and advise our clients and seek a review. It is trite law that domestic law and international law are different and must be ratified before they are used,” he stated.
Source: www.myjoyonline.com
The Minister of Finance, Dr. Cassiel Ato Forson, has pledged to work closely with the Judiciary and the Ministry of Justice to address challenges affecting the delivery of justice in Ghana.
He made this known after receiving the Chief Justice, Justice Paul Baffoe-Bonnie, who paid a courtesy call on him earlier today.
The Chief Justice was accompanied by Supreme Court Judge, Justice Gabriel Pwamang, the Acting Director of the Ghana School of Law, Professor Raymond Atuguba, and the Judicial Secretary.
The Attorney-General and Minister for Justice, Dr. Dominic Ayine, was also present at the meeting.
Dr. Forson said the Chief Justice explained that the visit was to express appreciation for the continuous support the Ministry of Finance has given to the Judiciary.
According to him, the Chief Justice raised concerns about congestion in the courts, describing it as a major challenge that affects the speedy delivery of justice.
He said several solutions are currently being considered to help reduce the pressure on the courts.
“The Chief Justice also highlighted issues regarding the working conditions of staff within the Judiciary,” Dr. Forson stated.
He assured them of his commitment to helping resolve these problems through collaboration with the Judiciary and the Ministry of Justice.
“I am committed to working closely with the Judiciary and the Ministry of Justice to tackle these challenges,” he said.
As part of the measures being considered, Dr. Forson revealed that his ministry is examining the possibility of allowing the Judiciary to use 100 percent of its Internally Generated Funds (IGF) to meet urgent operational needs.
He said this move, if approved, would help improve the efficiency of the courts and enhance justice delivery across the country.
The meeting forms part of efforts to strengthen cooperation between the Executive and the Judiciary in addressing systemic challenges within Ghana’s justice system.
By: Jacob Aggrey
Ghana has begun talks with the family of Guinea’s first President, Sékou Touré, to take possession of the house where Osagyefo Dr Kwame Nkrumah lived and worked during his final years in exile.
The Foreign Affairs and Regional Integration Minister, Samuel Okudzeto Ablakwa, announced that the move follows instructions from President John Dramani Mahama.
According to him, the Mahama administration plans to renovate and preserve the residence in Guinea as a mark of respect for Nkrumah and to protect his legacy.
He explained that the site is expected to become part of a broader historical and tourism experience that traces Nkrumah’s life from Ghana to Guinea.
The decision was formally communicated to the Sékou Touré family on Saturday during a visit led by Vice President Jane Naana Opoku-Agyemang.
The visit took place after the investiture of Guinea’s President Mamady Doumbouya.
Mr Ablakwa noted that the Ghanaian delegation toured Nkrumah’s abandoned home and was warmly received by three generations of the Sékou Touré family, led by the former president’s eldest son.
He added that the Ministry of Foreign Affairs is currently negotiating the terms and conditions of the arrangement and engaging preservation experts to handle the restoration works.
The minister assured the public that the process will be handled openly, stressing that Ghanaians will be kept informed at every stage in the interest of transparency and accountability.
Osagyefo Dr Kwame Nkrumah was Ghana’s first President and a leading figure in Africa’s independence and Pan African movements.
His years in Guinea symbolised the strong political and ideological ties between the two countries.
By: Jacob Aggrey
