AN EXAMINATION OF THE LEGAL AND REGULATORY FRAMEWORK GOVERNING ACCESS AND BENEFIT SHARING FOR THE UTILISATION OF BIODIVERSITY RESOURCES IN NIGERIA

Abstract

Nigeria has been blessed with rich biodiversity in its ecosystem used in sectors such as agriculture, healthcare, cosmetics, and pharmaceutical industries etc, thus attracting bioprospectors in the form of companies and research institutions interested in utilising its biodiversity for both commercial and non-commercial purposes leading to biopiracy. This resulted in the creation and adoption of laws and regulations to ensure the sustainable use of these resources and prevent the exploitation of indigenous communities blessed with genetic resources and associated traditional knowledge by ensuring fair access and equitable benefit sharing for utilisation. Despite the existence of these laws, Nigeria, particularly its indigenous communities are yet to benefit from the utilisation of their biodiversity by the bioprospectors to an extent where bioprospectors have applied for patents for innovations originating from indigenous knowledge derived from the biodiversity of local communities. It is to this end that the objective of this research has been to examine the legal and regulatory framework governing access and benefit sharing for the utilisation of Nigeria’s biodiversity with a view to determine the efficacy of our framework and identify the impediments to its adequate implementation. To achieve this objective, the doctrinal methodology of research has been adopted, by recourse to primary sources consisting of relevant local statutes, regulations and international instruments, as well as secondary sources comprising books, journals and handbooks relating to access and benefit sharing in relation to biodiversity. This study found that there are significant challenges to the implementation of the laws including a lack of awareness on access and benefit sharing by indigenous communities and the average Nigerian, inadequate provisions on the obtainment of prior informed consent, and lack of clear guidelines for repatriation of royalties. It also found that there are overlapping institutions dealing with the implementation of biodiversity laws in Nigeria, thus affecting benefit sharing for the use of the resources. This research recommended a more harmonised and coherent framework for access and benefit sharing for the utilisation of the resources in biodiversity, drawing instances from frameworks adopted by jurisdictions where indigenous communities have reaped benefits from utilization of their resources. It also recommended for massive awareness schemes for our local communities on the monetary and non-monetary benefits available to them in order to equip them with knowledge of their right and how it can be exercised. This research concluded that Nigeria has done well in adopting access and benefit laws in line with international frameworks such as the Convention on Biological Diversity amongst others, however, there is a pressing need for improvement of the framework to enable communities reap the benefits from the use of genetic and associated traditional knowledge given to them by nature, just like other blessed countries.