SPECIAL CORRESPONDENT
The Health of Mother Earth Foundation (HOMEF) has called on the Nigeria Government to withdraw from the International Union for the Protection of New Plant varieties (UPOV 1991).
The ecology focused group noted that the union is a threat to Nigeria’s indigenous food system and urged the government to develop a “Sui Generis” seed protection system in line with the African Model Law.
HOMEF’s call is contained in a statement by Miss Kome Odhomor, its Media/Communications Lead to commemorate the 2025 World Seed Day.
“Today, 26th April 2025, World Seed Day, isn’t just celebrating seed as food but as part of our cultural heritage and life.
“The Ecological Think Tank, HOMEF and Environmental Rights Action, (ERA) honours the resilience, knowledge and ingenuity of small holder farmers all over the world who have for generation preserved the biodiversity of our seeds and our food sovereignty,” HOMEF stated.
According to HOMEF, it in partnership with other national and international organizations had since 2021 campaigned against the set up of the Nigeria’s Plant Variety Protection (PVP) Law which was developed as a requirement for membership in UPOV.
The group noted that the PVP Law threatens farmers right, biodiversity and Nigeria’s indigenous food sovereignty.
“Despite our collective voice and a lawsuit against some key components of the law, The Nigerian government on 27th February 2025, deposited the instrument of accession and Nigeria was approved as the 80th member of UPOV on 27th March 2025” the NGO stated.
The statement quoted HOMEF’s Executive Director, Dr Nnimmo Bassey, as stating that “The Nigerian PVP Law fails to recognize the country’s unique agricultural landscape, where over 80 per cent of farmers are smallholder farmers who play a vital role in conserving and enhancing plant genetic resources.
“These farmers depend largely on traditional practices including saving, reusing and exchanging farm saved seeds.
“Furthermore, the law creates an imbalanced environment where Intellectual Property Rights override farmers’ rights.
“It promotes the dominance of commercial seed systems over farmers’ and indigenous seed systems, thereby marginalizing the very people who have sustained our food systems for generations”.Bassey stated.
Also, the Project Lead on Hunger Politics, Joyce Brown, noted that careful analysis of the PVP Law has shown that it places severe restrictions not only on the use of farm-saved seed, propagating material but extends to harvested material like grains and even further to products made directly from harvested material like milled maize.
Brown added that the PVP law encourages the genetic modification of crops which have direct implications on human use of herbicides and pesticidal crops and environmental health (monocultures) as well as on biosafety (destruction of non-target organisms)
Mariann Bassey-Orovwuje,
Food Sovereignty Activist and Deputy Director of ERA, highlighted that: “The process of development of the PVP law was less than transparent, with no public hearings and lack of consultations and participation of smallholder farmers. This is in contrast to the Nigerian Constitution of 1999 which provides for democracy and social justice as per Article 14 (1) and 14(2) (c ).”
She explained that “the law grants final decision-making power to the Minister of Agriculture, particularly in cases of appeal regarding breeder’s rights.
“This provision violates Section 36 of the Nigerian Constitution, which guarantees every citizen the right to a fair hearing and access to justice through the courts. Concentrating such powers in the hands of a single authority undermines democratic principles and judicial independence.”
The groups call on the Nigerian government to withdraw from the UPOV 1991 framework and halt the implementation of the PVP Law in its current form, adding that the law which is line with the UPOV’s provisions undermines traditional agricultural practices and threatens farmers rights and freedom by opening the door for corporate control.
Also, the groups advised that “Nigeria should develop a “Sui Generis” plant variety protection system tailored to Nigeria’s unique agricultural context, drawing from the African Model Law.
According to them, such a system should ensure that protection mechanisms do not privilege commercial interests at the expense of communal, farmer-driven seed systems.
“It is essential that this law be developed through inclusive, bottom-up consultations with farmers, indigenous communities, civil society, and public research institutions.
“This seed law must guarantee farmers’ rights, including the right to save, use and exchange farm-saved seeds without criminalization; ensure full transparency and public access to breeder applications to protect against exploitation and safeguard indigenous knowledge; support smallholder farmers through credible credit facilities, infrastructure, and support for public research institutions that serve farmers’ needs,” they stated.
The groups also recommended that Nigeria should prioritise the set up of seed banks at community, local government and state levels to ensure the preservation of indigenous varieties.
They advocated that in line with the theme for the 2025 World Seed Day: Empowering Farmers-Protecting Biodiversity, Nigeria should promote farmer-managed seed systems and invest in local, resilient seed networks that secure food and ecological justice.
“Our government should prioritise people over and above cor
porate interests.” the groups stated.
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