PRESS RELEASE ON PUBLIC LANDS

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By Mariam Allotey General News Public Documents September 10, 2024

9th September, 2024

PRESS RELEASE

 

  1. 7, 5TH CIRCULAR ROAD, CANTONMENTS DOES NOT BELONG TO ASAASE BROADCASTING COMPANY LIMITED

The attention of the Lands Commission has been drawn to allegations by the Hon. Member of Parliament for North Tongu, Hon. Samuel Okudzeto Ablakwa, regarding a property described as No. 7, 5th Circular Road, Cantonments, the subject-matter of a suit between the Judicial Service of Ghana and the Lands Commission, Frimps Oil Company Ltd. and the Attorney-General, as well as the allegation that the Hon. Minister for Lands and Natural Resources made false claims in respect of lands allegedly sold by the State.

The Commission has followed the public discourse generated by the said publication. As the constitutional body responsible for the management of public lands, and the repository of land records in the country, the Commission deems it necessary to set the records straight as follows:

  1. The land described as No. 7, 5th Circular Road, Cantonments, which is the subject matter of Suit No. LD/0526/2023 intituled Judicial Service of Ghana v The Lands Commission, Frimps Oil Company Ltd and the Attorney-General, is separate and distinct from the land occupied by Asaase Broadcasting Company Limited at Cantonments. This land has never been owned or occupied by Asaase Broadcasting Company Limited.

 

  1. Following the commencement of the Suit by the Judicial Service of Ghana, the Lands Commission, on 19th July, 2023, applied for further and better particulars in respect of all the lands mentioned in the suit, and requested for the site plans of the said lands. This is because, the Commission accurately identifies land by the appropriate site plans, and not by house numbers.

 

  1. The site plans submitted by the Judicial Service of Ghana shows that the property described as No. 7, 5th Circular Road, Cantonments, and lastly occupied by Justice F. G. Korbieh, forms part of a public land acquired by a Certificate of Title dated 7th June, 1920 for Government Services.

 

  1. The land was, subsequently developed into Government bungalows managed by the Ministry of Works and Housing, and allocated to staff of the public services as and when the need arises.

 

  1. Pursuant to an in-filling scheme undertaken by the Lands Commission, the Ministry of Works and Housing and the then Town and Country Planning Department (now Land Use and Spatial Planning Authority), at Cantonments and North Ridge Residential Areas in the early 2000s, the land which originally had only one bungalow was divided into four (4) parcels of land in order to increase the number of houses on the land.

 

  1. The Commission’s records indicate the following transactions in respect of the four (4) parcels of land:

 

  1. Parcel 1: Lease dated 6th August, 2015, between the President of the Republic of Ghana (as Lessor) and Litty Mart Enterprise (as Lessee) for a term of fifty (50) years;

 

  1. Parcel 2: Lease dated 17th May, 2011, between the President of the Republic of Ghana (as Lessor) and Kwabena Kuffour (as Lessee) for a term of fifty (50) years. By a Deed of Assignment made on 12th April, 2021, Kwabena Kuffour assigned his unexpired interest to Frederick Hermann Hesse-Tetteh;

 

  1. Parcel 3: Lease dated 15th May, 2012 between the President of the Republic of Ghana (as Lessor) and Silvercord Estates Limited (as Lessee) for a term of fifty (50) years. By a Deed of Surrender dated 10th February, 2021 Silvercord Estates Limited surrendered its interest in the land to the Republic and the land leased to Hercules Capital Limited by a Lease dated 2nd February, 2021; and

 

  1. Parcel 4: No recorded transaction.

 

  1. From the above, it is evident that Asaase Broadcasting Company Limited has no interest in the property which is the subject-matter of the suit between the Judicial Service of Ghana and the Lands Commission and others.

 

  1. The land currently occupied by Asaase Broadcasting Company Limited, which, also, forms part of the public land acquired by a Certificate of Title dated 7th June, 1920 has the following recorded transactions in respect of the property:

 

  1. Lease dated 18th July, 2006 between the President of the Republic of Ghana (as Lessor) and Mr. Fosuaba Akwasi Mensah Banahene (as Lessee) for a term of ninety-nine (99) years;

 

  1. Mortgage dated 16th May, 2011 between Mr. Fosuaba Akwasi Mensah Banahene (as Mortgagor) and Prudential Bank Limited (as Mortgagee);

 

  1. Discharge of Mortgage dated 20th January, 2020 by Prudential Bank Limited in favour of Mr. Fosuaba Akwasi Mensah Banahene; and

 

  1. Assignment dated 4th March, 2020 between Mr. Fosuaba Akwasi Mensah Banahene (as Assignor) and Lilly Homes Limited (as Assignee).

 

  1. For the avoidance of doubt, this property is not the subject-matter of the suit between the Judicial Service of Ghana and the Lands Commission and Others, which is described in the Suit as No. 7, 5th Circular Road, Cantonments.

 

  1. From the above, it is evident that the Hon.Minister for Lands and Natural Resources did not make any false claim when he responded to the Hon. MP’s allegations in respect of the Judicial Service’s land at Cantonments.

 

  1. The Hon. Minister’s response was in relation to the main subject-matter of the suit by the Judicial Service of Ghana, described as land opposite American Embassy and labelled as Plots 3A to 3F, as can be seen from the Writ of Summons and Statement of Claim filed by the Judicial Service and published by the Hon. MP.

 

  1. This land was leased to Frimps Oil Company Limited by a lease dated 13th July, 2015, made between the President of the Republic of Ghana (as Lessor) and Frimps Oil Company Limited (as Lessee). It was Frimps Oil Company Limited’s attempt to take possession of the property, pursuant to the said Lease, that led the Judicial Service of Ghana to institute the above action against Government, with Frimps Oil Company Limited as the Second Defendant.

 

  1. As previously stated, the Lands Commission, the Ministries of Lands and Natural Resources and Works and Housing, as well as the Office of the Attorney-General and Ministry for Justice are engaging the Chief Justice and the Judicial Service of Ghana to settle this dispute.

 

The Commission welcomes the Hon. MP and the public’s interest in the management of public lands, as it is the best way of protecting these lands, which are, by virtue of article 257(1) of our national Constitution, the property of the people of Ghana. The general public is, therefore, encouraged to crosscheck their information with the Commission which is the repository of transactions relating to public lands.

The Commission wishes to assure the general public that it is committed to efficient and effective land administration and management of public lands that is anchored on the highest standards of integrity, transparency and candour, in the public interest, and will continue to work with the Ministry of Lands and Natural Resources and all stakeholders to deliver an effective, transparent, responsive and orderly land administration which is steeped in integrity.

 

SIGNED

BENJAMIN ARTHUR

EXECUTIVE SECRETARY

Mariam Allotey / About Author
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