Full Text: Ministry of Lands and Natural Resources refutes Ablakwa’s state capture claims


Samuel
Okudzeto
Ablakwa

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The
attention
of
the
Ministry
of
Lands
and
Natural
Resources
has
been
drawn
to
allegations
by
the
Hon.
Member
of
Parliament
for
North
Tongu,
Hon.
Samuel
Okudzeto
Ablakwa
in
respect
of
certain
public
lands
which
he
alleges
are
evidence
of
state
capture
by
the
current
Government
and
its
officials.

The
Ministry
welcomes
any
such
interest
and
intense
scrutiny
of
transactions
relating
to
the
public
lands
of
our
country,
as
it
is
the
best
way
of
protecting
public
lands
for
the
benefit
of
the
Ghanaian
people.

By
article
257(1)
of
our
national
Constitution,
public
lands
are
vested
in
the
President
of
the
Republic,
on
behalf
of,
and
in
trust
for,
the
people
of
Ghana.
In
the
spirit
of
transparency
and
accountability,
the
Ministry
wishes
to
set
the
records
straight
in
respect
of
the
public
lands
to
which
the
said
allegations
relate.

A.
THE
PARKS
AND
GARDENS
LAND
AT
CANTONMENTS
1.
The
Parks
and
Gardens
land
situate
at
Cantonments,
opposite
the
Head
Office
of
the
Driver
and
Vehicle
Licensing
Authority
(DVLA)
was
acquired
by
the
State
in
1894,
by
a
Certificate
of
Title,
dated
23rd
August,
1894
for
Hausa
Reserve.
2.
Subsequently,
by
a
Certificate
of
Allocation
dated
2nd
October,
1952
the
land
was
allocated
to
the
Director
of
Agriculture,
which
was
later
succeeded
by
the
Department
of
Parks
and
Gardens.
3.
On
16th
August,
2012,
the
then
Deputy
Minister
for
Local
Government
and
Rural
Development,
Hon.
Elvis
Afriyie
Ankrah,
on
behalf
of
the
then
Minister,
wrote
to
the
then
Chairman
of
the
Greater
Accra
Regional
Lands
Commission,
requesting
to
sell
two
(2)
acres
of
this
land
to
enable
it
raise
funding
to
resource
the
Department
of
Parks
and
Gardens.
The
letter
stated
that
the
Department
was
“in
dire
need
of
office
infrastructure
and
other
working
tool”
and
“the
agency
wishes
to
sell
two
(2)
acres
of
land
it
is
currently
occupying
at
Cantonments
to
enable
it
raise
the
needed
funding
to
resource
itself.”
4.
The
letter
indicated
the
support
of
the
Ministry
of
Local
Government,
noting
that
“the
Ministry
has
received
a
number
of
interests
in
the
land
over
the
years,”
and
that
“proceeds
from
the
sale
shall
be
used
to
provide
Parks
and
Gardens
with
a
new
office,
staff
bus,
some
tractors,
water
tankers
and
the
needed
hand
tools
it
is
currently
in
dire
need
of,
to
restructure
and
reposition
itself
as
a
viable
government
agency.”
The
said
letter
requested
the
support
of
the
Lands
Commission
for
this
transaction.
5.
Subsequently,
by
a
letter
dated
19th
February,
2013,
the
then
Chief
Director
of
the
Ministry
of
Local
Government
and
Rural
Development,
Nana
Oduro
Kwarteng,
submitted
further
information
on
the
proposed
transaction,
together
with
supporting
documents,
namely:

A
copy
of
a
Public
Private
Partnership
(PPP)
Agreement,
dated
23rd
July,
2012
between
the
Ministry
of
Local
Government
Rural
Development,
and
Akumbami
&
Associates,
in
respect
of
the
land;
and

A
complete
set
of
drawings
for
the
New
Offices
of
the
Department
to
be
constructed
under
the
Agreement.

6.
The
Greater
Accra
Regional
Lands
Commission,
at
its
meeting
held
on
the
17th
April,
2013,
considered
the
application
and
deferred
same
for
further
clarification.
7.
By
a
letter
dated
22nd
April,
2013,
Akumbami
&
Associates
wrote
to
the
Greater
Accra
Regional
Lands
Officer,
indicating
that
Wontirim
Company
Limited
is
a
subsidiary
of
Akumbami
&
Associates,
and
that
the
grant
of
the
lands
in
question
should
be
made
to
Wontirim
Company
Limited.
8.
By
a
letter
dated
4th
October,
2013
the
Lands
Commission,
as
part
of
its
due
diligence,
sought
the
advice
of
the
Attorney-General
and
Minister
for
Justice
on
the
PPP
Agreement
and
the
proposed
grant
of
the
land
to
Akumbami
&
Associates
to
finance
the
construction
of
a
new
office
complex.
9.
In
its
response
dated
13th
June,
2014
the
Attorney-General
and
Minister
for
Justice
granted
approval
for
the
PPP
Agreement,
and
authorised
the
grant
of
a
lease
over
the
land
to
Akumbami
&
Associates
or
its
subsidiary.
10.
Earlier,
by
a
letter
dated
22nd
November
2013,
from
the
La
DadeKotopon
Municipal
Assembly,
the
Assembly
approved
an
application
for
sub-division
and
re-zoning
of
the
Parks
and
Gardens
site.
11.
By
letter
dated
13th
October
2016,
the
Ministry
of
Local
Government
and
Rural
Development
reaffirmed
its
commitment
to
the
PPP
Agreement.
12.
Pursuant
to
the
above,
by
a
lease
dated
29th
November,
2016,
Government
granted
two
(2)
acres
of
land
occupied
by
Parks
and
Gardens
at
Cantonment
to
Wontirim
Company
Limited,
a
subsidiary
of
Akumbami
&
Associates,
for
a
term
of
fifty
(50)
years.
The
parcel
of
land,
the
subject
matter
of
the
Hon.
MP’s
allegation,
was
therefore,
sold
in
the
year
2016,
and
certainly
not
under
the
current
administration.
13.
Wontirim
Company
Limited,
having
obtained
the
above
lease,
assigned
a
portion
of
its
interest
to
Dani
Ike
Real
Estate
Developers
Company
Limited.
14.
For
the
avoidance
of
doubt,
the
lease
and/or
sale
of
the
land
at
Cantonment
allocated
to
the
Department
of
Parks
and
Gardens,
the
subject
matter
of
the
Member
of
Parliament’s
allegation,
commenced
in
the
year
2012,
and
concluded
in
the
year
2016,
through
a
fifty-year
lease
granted
to
Wontirim
Company
Limited
on
29th
November,
2016,
and
subsequently
assigned
to
Dani
Ike
Real
Estate
Developers
Company
Limited.
15.
The
allegations
that
the
said
land
has
been
granted
by
the
current
administration
to
cronies
in
what
has
been
described
as
state
capture
are,
therefore,
false.
B.
THE
JUDICIAL
SERVICE
LAND
16.
The
land
around
5th
Circular
Road,
Cantonments
and
occupied
by
the
Judicial
Service,
is
a
public
land
acquired
by
the
State
in
1920
by
a
Certificate
of
Title,
dated
7th
June,
1920
for
Government
services.
The
land,
with
bungalows
thereon,
was
subsequently
allocated
to
the
Judicial
Service
by
the
Ministry
of
Works
and
Housing.

18.
By
a
letter
dated
4th
August
2014,
Frimps
Oil
Company
Ltd
applied
for
the
grant
of
portions
of
the
land
in
extent
of
0.90
acre
situate
at
Cantonments
for
a
residential
building.
19.
At
the
time
of
the
application,
the
land
had
bungalows
on
it
occupied
by
Justices
of
the
Superior
Courts.
20.
The
Ministry
of
Works
and
Housing,
in
support
of
the
application
stated
that
the
land
has
been
earmarked
for
redevelopment
and
may
be
granted,
subject
to
the
payment
of
the
cost
of
the
replacement
of
the
bungalows.
21.
The
Lands
Commission,
on
8th
May,
2015,
requested
for
Ministerial
approval
to
grant
the
land
to
Frimps
Oil
Company
Ltd.
This
was
in
conformity
with
an
earlier
Ministerial
Directive
that
mandated
the
Commission
to
seek
the
written
approval
of
the
Minister
for
Lands
and
Natural
Resources
before
granting
any
public
land.
22.
By
a
letter
dated
2nd
June,
2015,
the
then
Minister
for
Lands
and
Natural
Resources,
Hon.
Nii
Osah
Mills,
granted
approval
for
the
land
in
question
to
be
granted
to
Frimps
Oil
Company
Ltd.
23.
By
a
letter
dated
3rd
June,
2015,
the
Lands
Commission
made
an
offer
of
the
land,
measuring
approximately
1.39
acres,
which
includes
the
0.90
acres
occupied
by
the
Judicial
Service
to
Frimps
Oil.
24.
Frimps
Oil,
by
a
letter
dated
6th
June,
2015
accepted
the
offer,
and
on
13th
July,
2015,
a
lease
was
executed
over
the
land
in
favour
of
Frimps
Oil
Co.
Ltd
for
a
term
of
fifty
(50)
years.
The
parcel
of
land,
the
subject
matter
of
the
Hon.
MP’s
allegation,
was
therefore,
sold
in
in
the
year
2015,
and
certainly
not
under
the
current
administration.
25.
By
a
letter
dated
27th
June
2017,
the
Office
of
the
President
directed
the
Lands
Commission
to
withdraw
the
lease
executed
in
favour
of
Frimps
Oil
Co
Ltd,
together
with
twenty-three
(23)
other
leases.
26.
Subsequently,
on
22nd
September,
2017,
the
then
Minister
for
Lands
and
Natural
Resources,
Hon.
John
Peter
Amewu,
constituted
a
Committee
to
investigate
issues
pertaining
to
the
Accra
Redevelopment
Scheme.
Following
the
submission
of
the
Committee’s
Report,
the
then
Minister
for
Lands
and
Natural
Resources,
by
a
letter
dated
28th
December,
2017,
directed
that
the
lease
granted
to
Frimps
Oil
Co.
Ltd.
in
the
year
2015,
together
with
seven
(7)
other
leases
that
had
been
cancelled
pursuant
to
the
directive
of
the
Office
of
the
President,
be
restored,
and
the
lease
was
accordingly
restored.
28.
On
28th
August
2020,
Frimps
Oil
Company
Ltd.
petitioned
the
Office
of
the
Attorney
General
and
Ministry
of
Justice
on
its
inability
to
have
vacant
possession
of
the
land
over
which
the
lease
had
been
granted,
due
to
the
continues
occupation
of
the
land
by
some
Superior
Court
Judges.
29.
On
28th
January,
2023,
Frimps
Oil
Company
Ltd.
wrote
to
the
Judicial
Service
to
vacate
the
premises
and
deliver
vacant
possession
to
the
Company.
30.
In
response
to
the
demand
to
deliver
vacant
possession
of
the
land,
the
Judicial
Service,
on
8th
May,
2023,
wrote
to
the
Ministry
of
Works
and
Housing
complaining
about
the
demand
of
Frimps
Oil.
Company
Ltd.
31.
In
its
response,
the
Ministry
of
Works
and
Housing
confirmed
the
lease
of
the
land
to
Frimps
Oil
Company
Ltd.
as
far
back
as
2015,
and
promised
to
find
a
suitable
alternative
accommodation
for
the
affected
Judges.
32.
Dissatisfied
with
this
response
from
the
Ministry
of
Works
and
Housing,
the
Judicial
Service,
on
7th
July,
2023,
instituted
an
action
against
the
Lands
Commission,
Frimps
Oil
Company
Ltd.
and
the
Attorney-General
for
a
declaration
that
the
purported
lease
of
the
land
to
Frimps
Oil
is
unconstitutional
and
unlawful.
The
action
also
seeks
an
injunction
against
the
Lands
Commission
from
leasing
or
selling
any
land
occupied
by
the
Judicial
Service.
33.
Based
on
the
above,
the
Ministry
of
Works
and
Housing
wrote
to
the
Lands
Commission
not
to
transfer
any
property
occupied
by
the
Judicial
Service
to
third
parties.
34.
At
the
instance
of
Her
Ladyship
the
Chief
Justice,
Justice
Gertrude
Araba
Esaaba
Sackey
Torkornoo,
officials
of
the
Judicial
Service,
the
Ministry
of
Lands
and
Natural
Resources,
the
Ministry
of
Works
and
Housing,
the
Office
of
the
Attorney-General
and
Ministry
of
Justice,
and
the
Lands
Commission,
met
to
find
an
amicable
solution
to
the
impasse.
This
matter
is
still
pending
awaiting
such
amicable
resolution,
35.
For
the
avoidance
of
doubt,
the
lease
and/or
sale
of
the
land
at
Cantonment
allocated
to
the
Judicial
Service,
the
subject
matter
of
the
Member
of
Parliament’s
allegation,
commenced
in
the
year
2014,
and
concluded
in
the
year
2015,
through
a
fifty-year
lease
granted
to
Frimps
Oil
Company
Ltd,
on
13th
July,
2015.
36.
The
allegations
that
the
said
land
has
been
granted
by
the
current
administration
to
cronies
in
what
has
been
described
as
state
capture
are,
therefore,
false.

PRISONS
SERVICE
LAND
AT
ROMAN
RIDGE

37.
The
land
located
at
Roman
Ridge,
and
occupied
by
the
Prisons
Service,
forms
part
of
a
parcel
of
land
acquired
in
1946,
by
Certificate
of
Title
dated
20th
December,
1946
for
the
University
College
of
Gold
Coast,
now
University
of
Ghana.
38.
By
a
Certificate
of
Allocation
dated
28th
June,
1950,
that
portion
of
the
land
was
allocated
to
the
Director
of
Prisons.
39.
Since
the
1960s,
portions
of
the
land
have
been
carved
out
for
residential
and
other
purposes.
40.
Government
granted
a
lease
over
portions
of
the
land,
to
one
Prof
Appiah-Adu
in
the
year
2005.
However,
the
Prison
Service
prevented
the
Lessee
from
taking
possession
of
the
property,
leading
to
a
protracted
dispute
between
Prof.
Appiah-Adu
and
the
Prison
Service.
41.
Prof
Appiah-Adu
commenced
an
action
in
the
High
Court
against
the
Prisons
Service
in
Suit
No.
LD/0706/2021,
for
recovery
of
possession
for
which
he
obtained
judgment
on
31
st
March,
2023.
42.
For
the
avoidance
of
doubt,
the
lease
and/or
sale
of
the
land
at
Roman
Ridge,
allocated
to
the
Prison
Service,
the
subject
matter
of
the
Member
of
Parliament’s
allegation,
was
made
in
the
year
2005,
and
certainly
not
under
the
current
administration.
43.
The
allegations
that
the
said
land
has
been
granted
by
the
current
administration
to
cronies
in
what
has
been
described
as
state
capture
are,
therefore,
false.

C.
PARKS
AND
GARDENS
LAND
AT
WA
44.
The
land
in
question,
located
at
Dobile/Kambalipaani
Residential
Area
in
the
Wa
Municipality,
forms
part
of
land
vested
in
the
President
of
the
Republic,
under
section
10
of
Administration
of
Lands
Act,
1962
(Act
123),
the
applicable
law
at
the
time,
with
notice
of
occupation
dated
27th
November,
1973.
45.
By
a
Certificate
of
Allocation,
the
land
was
granted
to
Parks
and
Gardens
for
user
rights
only.
On
19th
July,
2019,
one
Seidu
Mohammed
Kiram
applied
for
a
portion
of
the
land,
measuring
approximately
0.44
acres,
which
was
at
the
time
undeveloped.
47.
An
inspection
conducted
by
the
Lands
Commission
in
August
2019,
following
the
application,
showed
that
the
place
was
undeveloped,
but
occupied
by
ruminant
dealers,
whose
activities
“made
the
whole
environment
nasty,
nuisance
and
rampant
for
other
social
vices
especially
in
the
night.”
It
was,
therefore,
recommended
that
the
land
be
granted
to
an
investor
who
will
develop
it
to
acceptable
standards.
48.
The
Lands
Commission,
then
applied
to
the
Wa
Municipal
Assembly
for
rezoning
of
the
land
for
commercial
purposes.
The
Assembly
rezoned
the
land
for
commercial
purposes.
49.
On
27th
January,
2020,
the
Lands
Commission
made
an
offer
to
Seidu
Mohammed
Kiram,
which
offer
was
accepted,
leading
to
the
execution
of
a
lease
dated
1st
July,
2020
in
favour
of
Seidu
Mohammed
Kiram
for
a
term
of
fifty
(50)
years.
50.
The
Wa
Municipal
Assembly
approved
Mr.
Kiram’s
application
to
use
the
land
for
a
fuel
filling
station.
51.
The
land
has
since
been
developed
into
a
filling
station
serving
the
needs
of
the
people
of
Wa
and
its
environs.
D.
THE
DU
BOIS
CENTRE
52.
The
land
occupied
by
the
Du
Bois
Centre
was
acquired
in
1897
by
a
Certificate
of
Title,
dated
20th
December
1897
for
Government
purposes.
53.
The
site
is
currently
being
occupied
by
the
Du
Bois
Centre,
and
the
Lands
Commission
and
the
Ministry
of
Lands
and
Natural
Resources
has
no
pending
application
for
the
grant
of
this
parcel
of
land
to
any
third
party.
54.
For
the
avoidance
doubt
the
land
occupied
by
the
Du
Bois
Centre,
the
subject-matter
of
the
Member
of
Parliament’s
allegations,
has
neither
been
sold
nor
leased
to
any
private
entity.
55.
From
the
foregoing,
it
is
clear
that
the
lands,
the
subject
matter
of
the
Member
of
Parliament’s
allegations,
were
not
sold
and/or
leased
under
the
current
administration,
and
the
allegations
of
state
capture
are,
therefore,
false.

E.
CONCLUSION
56.
To
ensure
that
the
President
of
the
Republic,
in
whom
public
lands
are
vested,
discharges
his
constitutional
duty
in
an
informed
manner,
on
17th
August,
2021,
a
Policy
Directive
was
issued
to
the
Lands
Commission,
with
the
approval
of
the
President
of
the
Republic,
pursuant
to
article
258(2)
of
the
Constitution,
to
“refer
all
transactions
relating
to
the
grant
of
any
interest
in
public
land
to
[the
office
of
the
Minister
for
Lands
and
Natural
Resources]
for
prior
approval.”
57.
The
directive,
further,
added
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.”
58.
This,
we
believe,
is
the
best
way
to
ensure
the
efficient
management
and
utilisation
of
public
lands
in
the
public
interest.
59.
The
Ministry
of
Lands
and
Natural
Resources
wishes
to
assure
the
general
public
that
the
Government
of
President
Akufo-Addo
is
committed
to
an
efficient
and
effective
land
administration
that
is
anchored
on
the
highest
standards
of
integrity,
transparency
and
candour,
in
the
public
interest.

The
Ministry
will,
therefore,
continue
to
work
with
all
stakeholders
to
deliver
an
effective,
transparent,
responsive
and
orderly
land
administration
which
is
above
board
and
steeped
in
integrity.