Withdraw From UPOV Now – Ecological Think Tanks Urge FG
Some of the countries leading Ecological Think Tanks on the aegis of HMEF and Environmental Rights Action, have called on the Federal Government to as a matter of national importance, withdraw from the International Union for the Protection of New Plant varieties (UPOV 1991).
Thee groups noted that UPOV remains a serious threat to the nation’s food system, adding that the government should instead develop a “Sui generis” seed protection system in line with the African Model Law.
This was as HOMEF and Environmental Rights Action, honoured the resilience, knowledge and ingenuity of small holders farmers all over the world who have for generation preserved the biodiversity of our seeds and our food sovereignty.
HOMEF which stated these following the celebration of World Seed Day which held on Saturday, April 26, 2025, noted that it wasn’t just celebrating seed as food but as part of our cultural heritage and life.
HOMEF in partnership with other national and international organizations has 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.
It noted that the PVP Law threatens farmers right, biodiversity and our food sovereignty, adding that despite the 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.
Dr Nnimmo Bassey, Executive Director of HOMEF, noted that the Nigerian Plant Variety Protection (PVP) Law fails to recognize the country’s unique agricultural landscape, where over 80% of farmers are smallholder farmers who play a vital role in conserving and enhancing plant genetic resources. According to Bassey; “These farmers depend largely on traditional practices including saving, reusing and exchanging farm saved seeds.
“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”.
In his own remarks, 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 (e.g., grain) and even further to products made directly from harvested material (e.g., milled maize).
Brown also said 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).
Similarly, Food Sovereignty Activist and Deputy Director of Environmental Rights Action, Mariann Bassey-Orovwuje 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.
According to Bassey-Orovwuje; “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).
“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 therefore stressed the need for the Nigerian government to withdraw from the UPOV 1991 framework and halt the implementation of the PVP Law in its current form.
They noted 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.
The groups said; “Nigeria should develop a “sui generis” plant variety protection system tailored to Nigeria’s unique agricultural context, drawing from the African Model Law. 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.
“Also, Nigeria should prioritise the set up of seed banks at community, local government and state levels to ensure the preservation of indigenous varieties.
“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 corporate interests,” the groups insisted.