A News Analysis by Sylvester Thompson, News Agency of Nigeria (NAN)
Public debate has intensified in recent months over the appointment of a substantive Director-General for the National Biosafety Management Agency (NBMA).
The agency is Nigeria’s statutory body responsible for regulating modern biotechnology and ensuring compliance with international biosafety standards.
At the centre of the controversy are questions of legality, institutional competence and constitutional authority, especially the scope of the President’s powers in appointing heads of federal agencies.
Legal scholars, however, insist that the constitutional position is clear and unambiguous.
“The 1999 Constitution (as amended) is the supreme law, and its provisions are explicit,” said Dr Chijioke Adeyomi, a Lagos-based public policy and constitutional law analyst.
According to him, Section 147(1) empowers the President to appoint ministers, while Section 171(1) authorises him to appoint or remove persons occupying key offices in the public service of the federation.
These offices are further detailed in Section 171(2).
“Taken together, these provisions establish that the discretion to determine suitability and competence for executive appointments rests with the President.
“That discretion is subject to constitutional limits, but not to public opinion or professional guilds,” Dr Adeyomi explained.
Against this backdrop, the appointment of Mr Bello Bwari, a legal practitioner and administrator, as Director-General of the NBMA has generated mixed reactions.
While some stakeholders have welcomed the decision, others have questioned whether a lawyer should lead an agency with a highly technical biosafety mandate.
A closer examination of the NBMA’s statutory responsibilities, however, suggests that such concerns may be overstated.
Established under the National Biosafety Management Agency Act of 2015, the NBMA regulates the development, use and movement of genetically modified organisms (GMOs) and related products in Nigeria.
Its mandate extends to safeguarding human and animal health, protecting biodiversity, promoting environmental sustainability, managing biosecurity risks and fostering public confidence in biotechnology governance.
Notably, this governance model aligns with global regulatory practice.
In the United States, for example, the Environmental Protection Agency (EPA); one of the world’s most influential science-based regulatory institutions, has often been led by individuals whose core expertise lies in law, public policy or administration rather than laboratory science.
Christine Todd Whitman, a lawyer by training, served as EPA Administrator with a strong focus on regulatory compliance, environmental law enforcement and institutional governance.
More recently, Gina McCarthy, an air-quality policy specialist with extensive regulatory experience, led the agency, reinforcing a long-standing tradition of separating scientific evaluation from executive leadership.
These examples underscore a broader principle in global regulatory systems; while science underpins policy decisions, leadership of technical agencies prioritises administrative competence, ethical accountability and regulatory integrity.
Scientific expertise, in turn, is embedded within institutional frameworks through specialised departments and advisory bodies.
Similar structures operate across jurisdictions and sectors, where scientific assessments, risk evaluations and technical reviews are undertaken by in-house experts, while agency heads provide strategic direction, ensure legal compliance and coordinate multidisciplinary processes.
From a governance perspective, experts argue, law remains the backbone of regulation.
Every approval, inspection, enforcement action or sanction ultimately derives its authority from statutory and constitutional provisions.
Legal training, analysts note, equips agency heads with the capacity to uphold due process, procedural fairness and institutional credibility.
“Appropriate legislation establishes a firm foundation for a robust biosafety framework by creating effective structures for oversight and coordination,” said Dr Talkmore Maruta, Director of Programmes at the African Society for Laboratory Medicine (ASLM).
Maruta supports the domestication of biosafety laws across Africa.
“The NBMA Act provides this legal architecture, the Director-General’s primary responsibility is to steward the system, ensuring it operates with integrity, transparency and accountability,” he added.
Beyond questions of professional background, the ongoing debate reflects a broader tension between public perception and constitutional principle.
In many instances, public discourse has elevated sector-specific notions of competence above the supremacy of the constitution.
Under Nigeria’s constitutional framework, the President is vested with the discretion to appoint individuals he considers fit and capable, provided such appointments align with merit, public interest and the rule of law.
Legal analysts stress that the NBMA Act does not diminish this authority but functions within the broader constitutional order.
As Nigeria pursues its objectives in food security, environmental sustainability, technological innovation and biosafety governance, the NBMA remains central to national development.
Consequently, stakeholders argue that public confidence in the agency should not be judged by the professional label of its leadership.
Rather, it should be assessed by measurable outcomes, including institutional performance, transparency, accountability and the consistent application of safety standards.
Ultimately, the constitution affirms the President’s prerogative to appoint individuals based on his assessment of competence and suitability for public office.
In conclusion, analysts emphasise that national discourse should move beyond controversy and prioritise strengthening institutions.
Leadership, irrespective of professional background, must focus on advancing the mandate, credibility and long-term stability of the National Biosafety Management Agency.(NANFeatures)
***If used, please credit the writer and the News Agency of Nigeria.
