Public debate in Nigeria has reached a new peak over the appointment of a substantive Director-General for the National Biosafety Management Agency (NBMA). The discussion, which intensified in recent months, centers on the legality and appropriateness of the appointment of Mr. Bello Bawa Bwari, an attorney and administrator, to lead this highly technical regulatory body.
The Constitutional Prerogative of the President
At the core of this controversy is the executive power granted by the 1999 Constitution of the Federal Republic of Nigeria (as amended). Legal experts point to Sections 147(1) and 171(1) as the foundation of the President's authority. These sections affirm the President's discretion to appoint individuals to key public offices, including ministers and heads of strategic agencies, based on his judgement of their capability to serve the public interest.
The Constitution places the ultimate assessment of competence for such executive positions squarely with the President. This power is subject to constitutional limits but is not designed to be overridden by public opinion or specific sectoral expectations. This legal framework forms the bedrock of the argument supporting the President's choice for the NBMA leadership.
The NBMA's Mandate and the Technical Argument
Opponents of the appointment, however, ground their criticism in the National Biosafety Management Agency Act of 2015. This Act established the NBMA to create a robust regulatory system for genetically modified organisms (GMOs) and related products in Nigeria. The Agency's critical functions include:
- Safeguarding human and animal health.
- Protecting biodiversity and ensuring environmental sustainability.
- Conducting risk assessments and managing biosecurity threats.
- Overseeing the importation, testing, and commercial release of biotechnology products.
Given this technical mandate, some stakeholders argue that leadership should inherently come from a scientific background to ensure credible oversight of complex biotech processes.
Global Practice and the Role of Stewardship
Dr. Kinsley Adeyomi's analysis, dated 9 January 2026, provides a counterpoint to this technical purist view. It highlights that modern regulatory systems worldwide often blend science, law, and public policy. The leadership of such agencies is frequently about stewardship, governance, and strategic coordination rather than hands-on technical execution.
The real technical expertise, the argument goes, resides within the Agency's professional staff—scientists, risk assessors, and biosafety officers. The Director-General's primary role is to manage the institution, uphold due process, ensure accountability, and integrate expert advice into sound decision-making. A legal professional, as a custodian of procedural fairness and the rule of law, can be well-suited to this governance function.
This debate reveals a tension between a strict, sector-specific interpretation of competence and the broader constitutional principle of executive discretion. The NBMA Act does not nullify the President's constitutional authority; instead, both legal instruments are meant to operate within a complementary framework.
As Nigeria advances its goals in food security and technological innovation, the NBMA's effectiveness will hinge more on institutional performance, transparency, and consistent application of safety standards than solely on the academic pedigree of its head. The national conversation, therefore, should perhaps focus on strengthening the Agency's capacity and ensuring its leadership—irrespective of professional origin—fulfills its vital mandate for national development.
Dr. Kinsley Adeyomi is a Lagos-based policy analyst and commentator on national issues.
