By Tracy Ohovwore, Benin City
In commemoration of the World Seed Day which is annually celebrated on April 26, 2025, Health of Mother Earth Foundation, (HOMEF), alongside the Environmentalist Right Action, recognized the ingenuity of small holders farmers all over the world who have for generation preserved the biodiversity of our seeds and our food sovereignty.
In line with the theme for the 2025 World Seed Day: Empowering Farmers-Protecting Biodiversity, HOMEF called on the Nigerian government to promote farmer-managed seed systems and invest in local, resilient seed networks that secure food and ecological justice.
The group demands Nigeria’s withdrawal from UPOV 1991, advocating for a bespoke “Sui generis” system that safeguards local seed diversity and food sovereignty.
According to a statement from the Ecological Think Tank, “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. The PVP Law threatens farmers right, biodiversity and our 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 eightieth member of UPOV on 27th March 2025”
Also, the HOMEF’s Executive Director, Nnimmo Bassey, stated 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. 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”.
In addition, Project Lead on Hunger Politics, Joyce Brown, highlighted that despite thorough examination of PVP Law, results shows that this system imposes strict limitations on farmers, affecting not just saved seeds but also harvested crops and even products derived from those crops.
Brown further explained that the PVP law encourages the genetic modification of crops which have direct implications on human and environmental health as well as on biosafety.
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. 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 ).”
In addition, she pointed out 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 group pleaded with 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 Revealed that the system restricts farmer’s rights on saved seeds, harvested crops and processed foods.
According to the statement by HOMEF, “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.”
