They are, therefore, asking President Nana Addo Dankwa Akufo-Addo to revoke the said Instrument.
Haruna Iddrisu, the Minority Leader explained in a statement that per the Act, the regulation of land use and spatial planning in Ghana is not conferred on the President.
He said, the President’s exercise of power for the issuance of the Executive Instrument 144 pursuant to section 19 of the Forest Act, 1927 (CAP. 157) is untenable as “Section 90(1) of Act 925 provides that: Where a provision of this Act is in conflict with any other enactment relating to land use, the provision of this Act shall prevail.
“The Executive Instrument numbered 144, the Forests (Cessation of Forest Reserve) Instrument, 2022 issued 'By Command of the President' and signed by the Minister for Lands and Natural Resources, claims to be made in exercise of the power conferred on the President by section 19 of the Forest Act, 1927 (CAP. 157). However, the current law regulating land use and spatial planning in Ghana is the Land Use and Spatial Planning Act, 2016 (Act 925). It is clear that Executive Instrument 144 is in breach of the provisions of Act 925,” portions of the statement read.
The Minority in their statement wants the President “to do what is right and proper by respecting the provisions in the Land Use and Spatial Planning Act, 2016 (Act 925) and the letter and spirit of the 1992 Constitution of actually holding public lands on behalf of, and in trust for, the people of Ghana.
“It would be in the President’s own interest and the interest of his Government simply to revoke the E.I. 144 instead of, once again, showing contempt for the laws of Ghana and the interest of the Ghanaian people.
“Section 93(4) of Act 925 which relates to the change or use or re-zoning of public space, states unequivocally that: “… the change of use or re-zoning of public space shall be subjected to approval by Parliament.
“Therefore, besides the role of the District Spatial Planning Committee, Parliamentary approval is, therefore, a requirement for the change of use or re-zoning of the Achimota Forest Reserve area. Section 96 of Act 925 requires that the re-zoning be done before Government can convey the land to any person.”
Background
There were news reports last week that the Government has gazetted an Executive Instrument (E.I.) to approve the redesignation, sale or development of portions of the Achimota Forest.
A document from the Ministry of Lands and Natural Resources, making reference to an Executive Instrument, stated that the Achimota Forest Reserve is to no longer be regarded as a forest reserve.
“An Executive Instrument (E.I.) 144 gazetted on behalf of President Akufo-Addo by the Lands Minister Samuel Abdulai Jinapor indicates that effective May 1, 2022, the land on which the Forest is located shall cease to be a forest reserve.
“The President’s action was in accordance with Section 19 of the Forest Act, 1927 (CAP. 157) which gives him the authority to declare that particular land is no longer required as a forest reserve,” portions of the purported E.I. read.
But, Samuel Abu Jinapor, Minister, Lands and Natural Resources, clarifying the issue at a press conference, said the Executive Instrument, E.I. 144, pertained to 361 acres of peripherals of the Achimota forest.
He added that the government is returning it to its custodial owners, identified as the Owoo family because the land was not being used for its intended purpose, which included the extension of the Achimota School.
Days after that, a purported Last Will and Testament of the late Forestry Commission CEO, Kwadwo Owusu Afriyie, also known as Sir John, has become public.
Page 5 of Sir John's Last Will, available to GhanaWeb, states that the late CEO of the Forestry Commission together with one Charles Owusu, have already secured parts of the Achimota Forest lands.
Sir John per the document confirmed owning portions of Achimota Forest land and that he gives his portion to his nephews, Michael Owusu, Yaw Boadu and Kwabena Amoateng, forever.
"I give my land also situate at Achimota Forest in the name of Fasoh Limited and measuring 0.987 acres to my nephews Michael Owusu, Yaw Boadu and Kwabena Amoateng, forever.
"I jointly own a piece of land at Achimota Forest with Charles Owusu, upon my demise, my portion of the said land should be given to Ruth Korkor Odonkor.
"I give my portion of the land that I jointly own at the Achimota Forest in the name of DML Limited to Elizabeth Asare Boateng who at the time of making this Will is domiciled in the USA, forever," portions of Sir John's will read.
Haruna Iddrisu