Overview of Nigeria’s Plant Variety Protection Act 2021 and the Impact of Section 43(2) on Plant Breeders

Abstract

In May 2021, the president of the Federal Republic of Nigeria, President Muhammadu Buhari finally assented to the Plant Variety Protection (PVP) Act 2021, to promote increased staple crop productivity for smallholder farmers in Nigeria and encourage investment in plant breeding and crop variety as well as protect new varieties of plants. This article analyses the pace of agricultural development in Nigeria before the enactment of the PVP Act in comparison with other African countries. This article also highlights the essential provisions and criticism of the Act and its prospects in enhancing innovation in the agricultural sector, attracting foreign direct investments, and contributing to Nigeria’s economic growth.

Keywords: Plant Variety Protection Act 2021, Section 43, Ouster Clause, Plant Breeders Right, Ifeanyi E Okonkwo, Blessing Udo, Kayode Ikumelo

JEL Classification: Q1, K49, K2, QOO, Q15,