Land for school project: – The people of Israel demand justice and answers.
That portion of land beside the Israel Football Field has been the subject of litigation and much concern to the communities of Israel, Alhaji, Tabora, Lominava and South Ofankor. At a public forum held on Saturday, 10th September, 2011, and addressed by the Member of Parliament for Weija Constituency, the Municipal Chief Executive, an Official from the Lands Commission and the Traditional Elders from the Asere Clan (original owners of the land) the question as to who owns the land was put. Surprisingly, none of the officials present answered that one question. To them the question bordered on a “no go area”.
I therefore took it upon myself to do further research on the subject in question. I collected and read documents, interviewed people and asked searching questions. Those I encountered asked why I had taken a personal interest in the matter as if my entire life depended on that parcel of land. To such people, this is my answer. The land in question belongs to the community and must be used for the development of the area. No single person must be allowed to be a stumbling block to the development and common good of the people.
Here are the facts of the case. That parcel of the said land measuring 7.16 acres more or less has become the bona-fide property of the late Mike Nkrumah, the late W/O 11 Mante, Cosmos School and the Israel Landlords and Residents Association. The Asere Stool Clients went into possession and occupation of the said land soon after they obtained the grant and had been exercising acts of ownership which were granted to them without let or hindrance from any person or groups of persons. Some of the Stool clients, notably, the late Michael Nkrumah, the sole Proprietor of St. Michael International School, constructed a Four Sitting Classrooms with other supporting rooms up to lintel level at a very heavy cost when all of a sudden, one, Mr Prince Boateng, Proprietor of Crown Prince Academy surfaced in the process, counter claiming ownership of the said land as having acquired from Land Commission Secretariat, under conditions of leasehold for 99 years acting on behalf of the Government of Ghana which the document was executed on 11th July, 1995 on his behalf.
In Suit No.CBL129/95 at the Circuit Court held on28th September, 1995 before his Honour, Colonel V.C.Doegah (Rtd.) at 28th February Road, Accra, Crown Prince Preparatory as Plaintiff instituted a suit against the Israel Landlords and Residents Association, W.O.Mante and Cosmos School. The Reliefs sought were:
1. A declaration that the defendants are trespassers
2. An order for perpetual Injunction restraining the Defendants or their Agents, Assigns or Successors from Trespassing Unto the said laid
3. General damages for trespass and
4. Costs.
5. In addition to the writ of summons, Plaintiff filed a motion for an Interim Injunction restraining the Defendants and their agents, servants, workmen, grantees, licenses, and assigns from entering or developing or dealing with the land. The motion was moved in Court on the 15th day of September, 1995.
Counsel for the Applicant contended that the land in question was leased to the applicant for 99 years by the Lands Commission Secretariat acting on behalf of the Government of the Republic of Ghana. In addition to the applicant’s Title Deeds which were exhibited, Counsel also tendered a letter from Accra Municipal Authority which authorized Plaintiff/Applicant to put up a school on the said land.
Council for the Defendants referred to a writ of summons in respect of the same subject matter which the Defendants have initiated at the High Court against the Plaintiff/Applicant before the institution of this very case by the Applicant in this court. That the Defendants were in possession of the land for several years before Plaintiff/Applicant came unto the land in July 1995 and caused damage to the Development being initiated on the land by the Defendants. That the original owners of the land, the grantors of the Defendants herein are also parties to the suit at the High Court.
Council also referred to an earlier suit filed at the High Court by the Traditional owners of the land in the entire area against the grantors of the Plaintiff/Applicant in 1992 and contended that in that suit, the Plaintiff were also seeking a declaration of title deeds to that land. He also contended that the Government of Ghana had acquired the land for a specific project, i.e. for the construction of an Olympic Sports Complex and not for a residential purpose and that no compensation was paid to the Allodial title holders of the said land. He argued further that in 1990, the Allodial title holders, the grantors of the Defendants, petitioned the Government and in response, Government decided not to go ahead with the construction of the Olympic Sports Complex project and instead demarcated an area of Land for a Race Course.
The intention of Government to develop a specific area of the land into a Race Course was published in the Daily Graphic dated 23rd September, 1993. Counsel also referred to the pending case at the High Court i.e. a Nii Akortia Awosika 111 of Aotin Awosika Stool Family of Asere, Accra versus The Attorney General. In that suit, Plaintiff seeks the revocation of the Executive Instrument by which the land was compulsorily acquired.
The Court, president by Col (Rtd) V.C.Doegah, at that stage decided not to go into the merits of the case, but upon reading the motion papers and the supporting and opposing affidavits and upon further hearing Counsels of the parties thereto, the Court found it prudent that the “status que ante” should be preserved.
“Therefore for peace to prevail in the area, the parties to this suit are restrained from entering unto or developing the land until the final determination of this suit or the suit at the High Court”. Col. (Rtd) Doegah awarded no cost.
On 4th April, 1996, the Odorkor Police arrested Prince Boateng when he sent workers to work on the land. On 17th May, 1996, the Defendants (Israel Landlords and Residents Association, W.O.Mante and Cosmos School instituted contempt Proceedings to commit Prince Boateng, Proprietor of Plaintiff School to prison for disobedience of court order dated 28th September, 1995 that all parties to the suit must not continue with any building operation on the land.
The status quo had remained until the untimely death of Mr Michael Nkrumah. The Member of Parliament for Weija Constituency, Honourable Ayorkor Botchway has stated at many for a that she has money in her Common Funds waiting for land to put up a public school and a hospital. The Ga South Municipal Assembly in its wisdom decided to use part of the land for that purpose. A caterpillar had cleared the land and the profile of the school building put in place.
Without any provocation, Mr Prince Boateng went into doing what he knows best. – Destruction of the building profile. Since then, he has been embarking on several acts of provocation against the peace loving people of the community. At times, he will come to the place, accompanied by policemen to issue threats. But the questions are how long will Prince Boateng continue to be an obstacle to the development or common good of an entire community? Is the Land Commission authorized to sell lands to people? Who granted the Commission such powers and when did the sale of land start?
Prince Boateng destroyed the late Mr Nkrumah’s building and got away with it. He has destroyed the profile of a public school and has got away with that. Who will be his next target? Nobody knows.
Is he a sacred cow? We pause for an answer!!!
Daniel Danquah Damptey ([email protected]) 0243715297