The Minister for Lands and Natural Resources, Samuel A. Jinapor, MP has clarified comprehensively on the state of public lands, dismissing allegations and misinformation of state capture, outlining measures being instituted by the government to protect public lands, enumerating some steps taken to strengthen and empower the Lands Commission to deliver on its mandate while assuring the public of the absolute commitment by the government to protect public lands.
(Taking his turn at the Minister's Press Briefing session on Wednesday, August 14, 2024, the Minister explained in detail the situation with some state-owned lands which have become topics of public discourse recently, disclosing that most of the agreements predate Nana Addo Dankwa Akufo-Addo led government.
Mr. Jinapor stated that the government has remained committed to safeguarding public lands for future use and has not engaged in or entered into agreements with any institution or person for the sale or lease of public lands.
Touching on the claims made against the government relative to the demolition of the Bulgarian Embassy in Accra, the Minister provided historical context to the issue and stated unequivocally that the government of Ghana only stepped in as a mediator and did not pay any money to the Bulgarian government as widely speculated.
"One of such lands is the land which hosted the Bulgarian Embassy. This land forms part of a larger parcel of land acquired by the State in 1920 by a Certificate of Title dated 6th July 1920. The land was however granted to one Theophilus Kofi Leighton as far back as 1977, for a term of 99 years commencing from 1st April 1974. This Lease will expire in the year 2073. Until then, the Government has no direct control over the use of the land".
"After building on the land, the said Mr. Leighton entered into a private contract with the Bulgarian Embassy and rented the house to the Embassy for short-term periods, before granting them a fifty-year sublease. However, by a letter dated 5th November 1990, the then Ministry of Foreign Affairs declared the sublease to the Bulgarian Embassy as void."
"Events following this declaration resulted in a series of litigations, some of which are still pending in our courts. According to the Sole Inquirer appointed to investigate the demolishing of the building, it was demolished by one Jojo Hagan, said to be the Executor of the Will of Mr Leighton, pursuant to a court order".
"The Ministry of Lands and Natural Resources and the Ministry of Foreign Affairs and Regional Integration have engaged the parties involved extensively and have agreed on some compensation for the Bulgarian Embassy which will be paid by those who undertook the demolishing exercise. For the avoidance of doubt, this compensation will not be paid by the Government of Ghana. Government will, however, continue to engage the parties until the matter is fully resolved. Ladies and Gentlemen, how is this evidence of State capture? " he quizzed.
The Lands Minister also demystified the myth around a portion of land owned by the Ghana Prisons Service and another one owned by Ghana Parks and Gardens which have become contentious in the media space due to the allegations of some politicians.
He further established these lease agreements were reached by previous governments and that the current administration had no hand in them.
"There is the issue of land belonging to the Prisons Service at Roman Ridge, which was leased as far back as 2005, and which matter has gone to court and the court has delivered judgment on the matter. What is the role of the Akufo-Addo/Bawumia Government in a land granted to a private developer as far back as 2005?
To cure the mischief and partisan politics around the decision by the government to release some portions of lands to certain families following a successful application, Mr Jinapor cited instances where the governments of Professor John Evans Atta Mills and John Mahama released lands to families whose ownership of those lands were relinquished either during the colonial or post-independence eras for public use.
Samuel Jinapor reiterated his belief that the government has been very meticulous and diligent in protecting public lands and preventing them from being grabbed by undeserving persons and institutions.
He said the government has also been on a journey to recover state lands which have been encroached upon and made major gains in the recovery effort.
Indeed, the evidence shows that the Akufo-Addo/Bawumia Government has been meticulous in protecting public lands in the public interest. On 17th August 2021, with the approval of the President of the Republic, a policy directive was issued to the Lands Commission, pursuant to Article 258(2) of the national Constitution to “refer all transactions relating to the grant of any interest in public land to [the office of the Minister for or prior approval.” This was to ensure that the President of the Republic, in whom these lands are vested, discharges his constitutional duty in an informed manner.
The directive, further, stated that “Any deed executed without the approval of the President through the Minister for Lands and Natural Resources would be deemed void as same would have been done without the authority of the President in whom these lands are vested.”
"Just a couple of weeks ago, Cabinet issued further Directive to all public bodies, public institutions and public corporations (including public universities) not to lease, sublet, assign, transfer, dispose of, or otherwise create any third party interest in any public land granted or allocated them without the prior written approval of the President of the Republic.
This Directive, which was subsequently published in the Dailies on Thursday, August 8, 2024, applies to all public lands that have been granted to public institutions, whether by way of freehold, leasehold or any other form of grant, he indicated.
"The days of public institutions entering into public-private partnership agreements with public lands without the approval of the President are obviously over, and any person who enters into any such transaction does so at his/her own risk. All these measures have been put in place to ensure the protection of public lands and to regulate their utilisation," he said.
(Lands Ministry)