The Regulatory Regime of Genetically Modified Organisms (GMOs) in Nigeria and Its Implications on Relevant WTO Agreements

In Nigeria, there are mixed reactions towards GMOs. While there are pro-GMO activists arguing for the creation of a market for GMOs, there are also anti-GMO activists who maintain that GMOs and products from GMOs pose a threat to human health and the sustenance of naturally bred domestic products in the market. The prospects and fears associated with GMOs have found a place of balance under the National Biosafety Management Agency (NBMA) Act, 2015. This paper examines the implication of the NBMA Act, 2015 on Nigeria’s obligations under relevant agreements of the World Trade Organisation (WTO) such as the General Agreement on Trade Tariffs (GATT), Agreement on the Application of Sanitary Phytosanitary Measures (SPS), and Agreement on Technical Barriers on Trade (TBT). While the jurisprudence of the WTO is to foster trade liberalisation and discourage discriminatory practices towards imported and exported products among member states, the Nigerian legislation on biosafety provides certain conditions precedent that must be fulfilled before GMOs can be commercially marketed in the country. Some of the questions that will be considered include: Does the NBMA Act treat GMOs less favourably than naturally produced like products? Are GMOs or products from GMOs produced in one country given more preference than those produced in other countries? Therefore, the fundamental issue this paper considers is whether the NBMA Act, conforms to the non-discrimination and non-protectionist principles provided under the aforementioned WTO agreements