[2023]DLSC16134 • May 31, 2023 • Supreme Court •
FOOD SOVEREIGNTY GHANA vs. THE ATTORNEY-GENERAL
The plaintiff, a Ghanaian NGO, challenged the constitutionality of the Plant Variety Protection Act, 2020 (Act 1050), alleging that certain provisions violate the 1992 Constitution. The plaintiff contended that Act 1050 effectively ratified the UPOV Convention without prior execution or parliamentary ratification as required by Article 75 of the Constitution. The plaintiff sought declarations of inconsistency and injunctions restraining implementation of the Act.
read moreJUDGMENT AMEGATCHER JSC:- INTRODUCTION The plaintiff, a Non-Governmental Organization incorporated in Ghana, invokes the original jurisdiction of this Court pursuant to articles 1(2), 2(1) and 130(1) of the Constitution, 1992 about the passage by the Parliament of Ghana of the Plant Variety Protection Act, 2020 (Act 1050), for the following reliefs: 1. A declaration that Section 61 of the Plant Variety Protection Act, 2020 (Act 1050) which enjoins the Attorney General and Minister for Justice to ensure that the implementation of the Act does not affect the fulfilment of the obligations of Ghana pertaining to the protection of plant breeder rights under the Convention to which Ghana is a party and also Section 63 of Act 1050 which defines "Convention" to mean the International Convention for the Protection of New Varieties of Plants of 1961 is inconsistent with Articles 1 (2), 11 and 75 of the 1992 Constitution. 2. A declaration that Section 22 of Act 1050 which provides that a...