OCCUPYGHANA DEMANDS COMMISSION OF INQUIRY INTO RETURN OF STATE LANDS

25 May 2022

OCCUPYGHANA PRESS STATEMENT

OCCUPYGHANA DEMANDS COMMISSION OF INQUIRY INTO RETURN OF STATE LANDS

We have seen the Minister for Lands and Natural Resources’ press statement dated 24 May 2022 and titled “Achimota Forest Matters,” in which he sets out a brief but informative history of the Achimota Forest Reserve and the various attempts to return lands that were validly acquired by the state almost a century ago, to “preacquisition owners.” We appreciate the Minister’s indication that “the Ministry intends to initiate a process of an independent audit on the specific issue of the acreage de-gazetted and will act accordingly in the public interest, should that become necessary.”

However, because this is a grave “matter of public interest,” we do not think that the “independent audit” and its stated remit will suffice. Evidence abounds on how some of these lands have ended up in the hands of government officials and their privies. It even appears that some of these officials-beneficiaries were involved in the processes leading to the alleged return of lands. In the face of such apparent conflict of interest and conflict of duty as are outlawed by article 284 of the Constitution, we are not certain that a mere “independent audit” would suffice.

We think that, in accordance with article 278 of the Constitution, the President should be satisfied, or the Council of State should advise, or Parliament should request, that a Commission of Inquiry be appointed. The people of Ghana need to be informed of ALL return of state lands to “preacquisition owners” since the Fourth Republican Constitution came into being on 7 January 1993. There is no better way of doing this than by establishing a Commission of Inquiry appointed under Chapter 23 of the Constitution, with “the powers, rights and privileges of the High Court or a Justice of the High Court at a trial” specified in article 279.

Thus, while we appreciate and commend the Minister’s attempt to uncover the truth through the intended “independent audit,” we think that the President should set up the Chapter 23 Commission of Inquiry, failing which we expect Parliament to unanimously resolve, or the Council of State to advise, that a Commission be appointed. The Minister’s audit may constitute evidence to be provided to the Commission.

Always in the service of God and Country

OccupyGhana

OCCUPYGHANA®️ LBG SEEKS CLARIFICATION FROM THE SUPREME COURT REGISTRAR ON THE STATUS OF MENSAH V AUDITOR-GENERAL & OTHERS

23 May 2022
 
OCCUPYGHANA®️ LBG PRESS STATEMENT
 
OCCUPYGHANA®️ LBG SEEKS CLARIFICATION FROM THE SUPREME COURT REGISTRAR ON THE STATUS OF MENSAH V AUDITOR-GENERAL & OTHERS
 
On 23 May 2022, OccupyGhana®️ wrote to the Registrar of the Supreme Court to ask #about# why the case titled MENSAH V AUDITOR-GENERAL & OTHERS appears to have stalled since OccupyGhana®️ filed its Amicus brief on the matter. It might be recalled that on 25 September 2020, OccupyGhana ® applied to the Supreme Court for leave to file an Amicus Curiae Brief in that case. On 20 October 2020, the Supreme Court heard the application and kindly granted it; and on 26 October 2020, we duly filed the Brief.
 
We filed the Brief, believing that we could contribute and hopefully assist the Court in resolving the issue surrounding the interpretation of article 187(7)(a) of the Constitution, specifically, whether words ‘in the performance of his functions under this Constitution or any other law the Auditor-General… shall not be subject to the direction or control of any other person or authority,’ in article 187(7), are in any way circumscribed. 
 
The Constitution uses the same words to grant independence to the Judiciary itself (article 127), the Electoral Commission (article 46), the National Media Commission (article 172), the Public Services Commission (article 198), the Commission on Human Rights and Administrative Justice (article 225), the National Commission on Civic Education (article 234) and the Lands Commission (article 265). We believe that Ghana needs these offices to be sufficiently empowered and independent of the Executive and Legislature. 
 
Specifically, the Auditor-General needs that independence to perform the functions of the office, particularly to issue, enforce and defend required Disallowances and Surcharges, that the Supreme Court has described in OCCUPYGHANA V ATTORNEY-GENERAL as ‘the way forward.’ We also hoped that through the Brief, we could contribute to the search and fight for a truly independent Auditor-General who can exercise all the powers and perform the functions (especially Disallowance and Surcharge) without fear, favour or interference from any quarter.
 
However, the progress of the case appears to have stalled and there is precious little that OccupyGhana®️ can do to move it forward because we are not parties to the action. That is why we have been compelled to write to the Registrar of the Court seeking clarification on why the matter is not being heard.
 
We urge Ghanaians not to forget about this case but continue to be interested in the constitutional issues that it raises, and then expect the Court to speak on and resolve this matter once and for all.
 
Still in the service of God and Country
 
OccupyGhana®️ LBG  

RE: OCCUPYGHANA LBG DISAGREES WITH ANY FURTHER RELEASE OF ACHIMOTA LANDS

23 May 2022
 
Abu Jinapor, MP
The Honourable Minister
Ministry of Lands and Natural Resources
Accra
 
Dear Sir:
 
RE: OCCUPYGHANA LBG DISAGREES WITH ANY FURTHER RELEASE OF ACHIMOTA LANDS
 
In our letter to you dated 18 May 2022 on the above-entitled matter, we conveyed our vehement disagreement with the alleged plans to return substantial portions of the Achimota Forest Reserve to its former owners. Regarding the general matter of returning government lands to former owners, we stated as follows:
 
“There is also evidence of how some of these lands have been quietly sold to government and party officials.”
 
Since sending that letter to you, we have had further cause to believe that this state of affairs is worse and much wider than is apparent. We are also concerned that there might have been serious instances of conflict of interest and conflict of duty involving government officials and other government actors, concerning those lands.
 
We therefore write to demand that you revoke or suspend the operation of the Forests (Cessation of Forest Reserve) Instrument, 2022 (EI 144) and the Forests (Achimota Firewood Plantation Forest Reserve) (Amendment) Instrument, 2022 (EI 154) forthwith. Instead, we demand a full public inquiry under Chapter 23 of the Constitution into the matter of the Achimota Forest Reserve.
 
While the Achimota Forest Reserve issue requires immediate attention, we further demand a similar inquiry into all alleged return of government lands to former owners that have occurred under the Fourth Republic. The purpose of the inquiries would be to reverse any illegal acts perpetrated, and improper gains made, by government officials under the guise of returning lands.
 
Yours in the Service of God and Country
 
OccupyGhana LBG

OCCUPYGHANA® DISAGREES WITH ANY FURTHER RELEASE OF ACHIMOTA LANDS

18 May 2022
 
Abu Jinapor, MP
The Honourable Minister
Ministry of Lands and Natural Resources
Accra
 
Dear Sir:
 
OCCUPYGHANA® DISAGREES WITH ANY FURTHER RELEASE OF ACHIMOTA LANDS
 
OccupyGhana® has closely followed the public discussions on the issue of re-classifying some parts of the lands acquired in the 1920s and classified as the Achimota Forest Reserve, and we have formed the view that apart from the portions leased back to the original owners in 2013, Government should hold the rest of the land, maintain some of it as a green belt, and use the rest in the broader national interest.
 
The history of Government’s holding of compulsorily acquired lands is nothing to write home about. The overall management of these lands has been haphazard and messy, record-keeping has been largely (and sometimes, deliberately) derelict and shambolic, and the 2015 Report of the Sole Commissioner on Judgment Debts shows how Government has been defrauded into paying compensation on such lands when none was due. There is also evidence of how some of these lands, under the guise of being returned to the original owners, have ended up in the hands of Government and party officials. These factors combine to make Ghanaians extremely suspicious of any land transaction involving Government, and for good cause and reason.
 
We note that article 20 of the Constitution provides that the original owners of compulsorily acquired lands should be given the first option to acquire them, when those lands are no longer required for the original purpose. We are also aware that the Supreme Court has held that that provision does not apply to lands compulsorily acquired before the current Constitution came into force. Thus, article 20 does not apply to the Achimota lands, and Government is under no legal obligation to either return this or any such land, or allow the original owners to exercise a first option to purchase.
 
However, granted that Government has already agreed to release some of that land to the original owners by way of leases dated September 2013, and is therefore contractually bound, that should be all. We strongly believe that Government should hold the rest of that land for other, relevant national purposes.
 
We do not find it to be in the national interest to return any further lands to the original owners. Government cannot give the impression that it has no interest in holding and managing land in the wider national interest. That is a very wrong signal and gross dereliction of its duty to the generality of Ghanaians on whose behalf it holds such lands. We therefore urge Government to rethink this matter, and freeze the size of the lands to be returned at the size stated in the 99-year Lease Agreements executed in 2013 with the original owners, and nothing more.
 
Government should then come back to the people of Ghana on whose behalf it holds the land, with a clear development plan that considers and includes the original forestry purpose, and other modern uses to which the land may be put.
 
We also use this opportunity to urge Government to freeze all planned return of compulsorily acquired lands. Ghana cannot and should not be returning any compulsorily acquired lands or state lands, and there appears to be a serious disconnect in government policy that returns lands for nothing, at a time when the Health Minister has announced that the Agenda 111 Health Project is stalled because of land litigation problems.
 
Further, we urge Government, if it has not already done so, to conduct and publish an audit of all lands that it holds and come up with a clear national strategy on the use to which those lands are being or will be put, to serve our national developmental goals.
 
Yours in the service of God and Country,
 
 
OccupyGhana®