Pressure group, OccupyGhana, has called on Lands Commission to properly disclose information on the current holders of all public lands.
According to the group, the Government and Lands Commission must also properly account to Ghanaians for all public lands that have been purportedly released to alleged, previous owners or any other persons. It equally called on both parties to immediately cease and desist from implementing any plans to cede ownership of further public lands, until they comply with constitutional conditions-precedent to any such transactions.
OccupyGhana revealed that under the Constitution, all compulsorily acquired lands are public lands and that per the Supreme Court, this applies whether the land is vested in the State “or assigned to a particular public service institution”.
It noted that while public lands are vested in President in trust for the people, the power to manage such lands is vested exclusively in the Lands Commission. To this end, the pressure group contended that the Lands Commission’s power to manage does not include the unilateral power to cede ownership of public lands to any other person.
“… We write to demand that the Lands Commission should forthwith, properly disclose to us, information on the current holders of all public lands (within the definition provided by the Supreme Court) that have been released throughout the country, and how much has been derived by way of economic rent from third-party leases…”
OccupyGhana
Lands Commission independent of person or authority
Furthermore, OccupyGhana stated that the Constitution also dictates that, in the performance of its functions, the Lands Commission is independent of “any person or authority”, subject only to limitations provided in either the Constitution itself or other constitutionally-compliant laws.
With this, it underscored that the Constitution then binds the Lands Commission to comply with only Presidentially-Approved Written General Directions (‘PAWGDs’) issued by the Lands and Natural Resources Minister.
Thus, OccupyGhana explained that the Minister may only make approved directions of a general nature, but cannot be involved in or instruct on any acts that amount to direct and specific management of public lands and would be unconstitutional and void.
“… The Government and Lands Commission should suspend all planned releases of public lands (including the Achimota Forest lands) until the Government has, after public debate, issued the constitutionally-required PAWGDs. Take notice that if you ignore these demands and/or proceed with any such unconstitutional transactions, we will sue both the Government and the Lands Commission to restrain such unconstitutional conduct, and to reverse such acts.”
OccupyGhana
Justifying its stance, OccupyGhana expressed that the Constitution also imposes on the Lands Commission, as the ‘manager of public lands’, the same fiduciary and accountability obligations of trustees. Therefore, it revealed that neither the Government nor the Lands Commission may dispose of any public lands, being trust property, without observing the constitutional architecture put in place to prevent a wanton dissipation of such lands.
“If public lands must be sold, then first, the Government, acting in utmost good faith, observing its trust duties of honesty, integrity and loyalty, and considering what is in the best interest of the people, would have to issue a relevant PAWGD. It is only after that, that the Lands Commission, observing the same trust duties, would independently manage the process.”
OccupyGhana
Moreover, OccupyGhana stated that it is convinced that the Constitution provided for PAWGDs because public lands must be managed in the supreme interest of the people of Ghana, and not any section. It contended that if the public ownership of those lands must be relinquished, then the people of Ghana, as the owners and beneficiaries of those lands, must have the opportunity to see and debate the draft PAWGDs and express its views on them.
“We are firmly convinced that without the relevant PAWGDs, it is unconstitutional for either the Government and/or the Lands Commission, to cede ownership of any public lands, thereby depriving the people of ultimate ownership.”
OccupyGhana
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