State lands acquisition and compensation in Ghana: A thorny issue

Ghana’s economic growth and development are inextricably linked to the ac­quisition of state lands for various purposes, including infrastructure development, mining, and forestry. However, the process of acquiring and compensating landowners has been marred by controversy, disputes, and litigation, leaving many to wonder if the benefits of state lands acquisition outweigh the costs.

A Complex History

The history of state lands acqui­sition in Ghana dates back to the colonial era, when the British gov­ernment acquired large tracts of land for various purposes, includ­ing the construction of railways, roads, and other infrastructure. After independence in 1957, the Ghanaian government continued to acquire state lands for develop­ment purposes, but the process has been criticised for lacking transpar­ency, accountability, and fairness.

Challenges and

controversies

One of the major challenges facing state lands acquisition in Ghana is the lack of transparency and accountability in the acquisi­tion process. Landowners are often not informed about the acquisition process, the value of their land, and the compensation package. This lack of transparency can lead to disputes and litigation, which can delay the acquisition process and increase costs.

Another challenge facing state lands acquisition in Ghana is the issue of inadequate compensa­tion. Landowners often receive inadequate compensation for their land, which can lead to finan­cial hardship and displacement. For example, in the case of the Achimota Forest acquisition, some landowners alleged that they were not adequately compensated for their land, leading to disputes and litigation.

Case Studies

Several case studies illustrate the challenges and controversies asso­ciated with state lands acquisition in Ghana. For example:

The Achimota Forest Case: In 2019, the government acquired a portion of the Achimo­ta Forest for the construction of a highway. However, the acquisition process was marred by controversy, with some landowners alleging that they were not adequately compen­sated.

The Kumasi-Kejetia Market Redevelopment Project: In 2015, the government acquired land for the redevelopment of the Kuma­si-Kejetia Market. However, the acquisition process was criticised for lacking transparency, with some landowners alleging that they were not informed about the acquisition process.

The VRA Flooded Areas: The construction of the Akosom­bo Dam in the 1960s led to the flooding of several communities, resulting in the displacement of thousands of people. Despite promises of compensation and resettlement, many of the affect­ed communities are still waiting for adequate compensation and support.

The Forest Reserve Case: In 2018, the government acquired a portion of the Forest Reserve in the Western Region for the con­struction of a mine. However, the acquisition process was criticized for lacking transparency and public participation, with some local com­munities alleging that they were not consulted about the acquisition.

Recommendations

To address the challenges and controversies associated with state lands acquisition in Ghana, several recommendations can be made:

1. Establish a transparent acqui­sition process: The government should establish a transparent acquisition process that involves landowners and other stakeholders.

2. Provide adequate compen­sation: The government should provide adequate compensation to landowners, taking into account the market value of the land.

3. Ensure timely compensation: Compensation payments should be made promptly to avoid causing financial hardship for landowners.

4. Involve the Public in Deci­sion-Making: The public should be involved in the decision-making process to ensure accountability and transparency.

5. Strengthen Anti-Corrup­tion Measures: Anti-corruption measures should be strengthened to prevent corruption in the state lands acquisition process.

6. Distinguish between gift­ed lands and state compulsory acquired lands: The government must endeavour to distinguish between gifted lands and state compulsory acquired lands to en­sure that the rights of landowners are protected.

7. Return unused lands to land­owners: The government should return unused lands to their origi­nal owners instead of selling them cheaply to politicians or other individuals.

8. Pay outstanding compen­sations: The government must endeavour to pay all outstanding compensations to avoid frustration among claimants and landowners, as well as to avoid any potential contravention of Section 20 of the 1992 Constitution, which guaran­tees the right to prompt payment of compensation for the acquisi­tion of property.

Conclusion

State lands acquisition and com­pensation are critical components of Ghana’s economic growth and development. However, the pro­cess has been marred by controver­sy, disputes, and litigation, leading to delays and increased costs.

To address these challenges, a transparent acquisition process, adequate compensation, timely compensation, public participation, and strengthened anti-corruption measures are essential. By imple­menting these recommendations, Ghana can ensure that state lands acquisition and compensation are carried out in a fair, transparent, and efficient manner.

References

1. State Lands Act, 1962 (Act 125)

2. Section 20 of the 1992 con­stitution

2. Lands Commission Act, 2008 (Act 767)

3. “Achimota Forest Acquisition: A Case Study of the Challenges of State Lands Acquisition in Ghana” (2020)

4. “Kumasi-Kejetia Market Re­development Project: A Case Study of the Challenges of State Lands Acquisition in Ghana” (2019)

5. “VRA Flooded Areas: A Case Study of the Challenges of State.

The writer is Executive Director, Center for Na­tional Interest and Re­search

BY ENGR DR DZABAKU KUDIABOR OCANSEY