‘Deem Sir John’s alleged land ownership at Achimota Forest, Ramsar Site void’ – Jinapor directs Lands, Forestry Commissions
The Lands Minister has directed the Lands and Forestry Commissions to take appropriate actions over claims suggesting the late former CEO of the Forestry Commission owns portions of lands at the Achimota Forest and Sakumono Ramsar Site.
Samuel Abdulai Jinapor said the two entities should consider any alleged ownership of lands at the said sites by the late Kwadwo Owusu Afriyie aka Sir John, as void.
“For the avoidance of doubt, the bequeathing of the aforesaid lands, if established, will not pass any interest/title to the named beneficiaries in the alleged Will.
“These lands, the subject matter of the alleged Will, shall remain public lands, whether or not it falls within the de-gazetted lands pursuant to E.I. 144,” the Damongo Member of Parliament stated in a statement issued on Tuesday.
He added: “Further checks at the Lands and the Forestry Commissions – the repositories of the records of the lands in question – show no record of ownership of lands at the Achimota Forest or the Sakumono Ramsar Site by the late Kwadwo Owusu Afriyie.”
According to him, preliminary investigations have revealed the alleged Will of Sir John is a subject matter of litigation in the courts.
“Government will act on any improper acquisition of any public lands, regardless of how it was procured, whether now or in the past, and the Achimota Forest lands will not be an exception,” the Lands Minister stated.
May 17, 2022
PRESS RELEASE
GOVERNMENT COMMITTED TO PROTECTING ACHIMOTA FOREST
Following the publication of the Forests (Cessation of Forest Reserve)
Instrument, 2022 (E.I 144), there have been reports circulating in some
sessions of the media that the Achimota Forest Reserve has been sold. The
general public is entreated to disregard these reports as they are false,
baseless and non-factual. Indeed, what the propagators of these messages
have refused to add is that, E.I. 144 was published together with the Forests
(Achimota Firewood Plantation Forest Reserve) (Amendment) Instrument,
2022 (E.I. 154).
What EI 144 does is to make the peripheral portions of the Forest Reserve,
which had already been granted to the Owoo Family in September, 2013,
portions of which have already been developed, cease to be a Forest Reserve,
to ensure a development that is consistent with the area of the Forest Reserve.
Further, E.I. 154, on the other hand, states emphatically, the area of the forest
shall remain a Forest Reserve. Both instruments contain adequate provisions
that seek to protect the ecological integrity of the Forest Reserve.
The facts leading to the publication of these two instruments are as follows:
• In 1921, the Government of the then Gold Coast, by a Certificate of Title
dated 16th December 1921, made under the Public Lands Ordinance,
1876, acquired from the Owoo Family the parcel of land on which the
Achimota School is situated.
• Subsequently, by another Certificate of Title dated 17th May, 1927, the
Government acquired from the same Family another tract of land
measuring approximately four hundred and seventy-nine (479) hectares
as an extension to the Achimota School. Although there are receipts
indicating payment of compensation for the 1921 acquisition, there are
no records of payment of compensation for the 1927 acquisition.
Page 2 of 4
• By an Order 31 of 1930, dated July 17, 1930, the Government, pursuant
to its power under the Forests Act, 1927, (Cap 157), constituted the land
acquired in 1927, as a Forest Reserve for the purposes of Fuel Wood
Plantation for Achimota School.
• Following several encroachments on the Forest Reserve, the pre-
acquisition owners, the Owoo Family, in 2007, submitted a petition to
the then President, H.E. John Agyekum Kufuor, for the release of the
portion of the Forest Reserve adjoining the Tema motorway. After
consultations between the Office of President and the relevant bodies, it
was recommended that that portion of the Forest Reserve be released to
the Owoo Family. This culminated in an Agreement dated 24th November,
2008 between the Government, acting by the then Ministry of Lands,
Forestry and Mines, and the Owoo Family for the grant of a lease over
ninety (90) acres of the land to the Owoo Family for a term of ninety-
nine (99) years. The Lease agreement was however not executed as
agreed.
• In 2011, the Owoo Family, submitted another petition to the then
Minister for Lands and Natural Resources, Hon. Mike Hammah, for the
grant of portions of the Forest Reserve. The Minister constituted a
committee, chaired by the then Chairman of the then Chief Executive
Officer of the Forestry Commission, Mr. Samuel Afari Dartey, to inquire
into the legitimacy of the request and its impact on the Forest Reserve.
• The Committee after its investigations concluded that the request of the
Owoo Family was legitimate.
• The Minister then, sought executive approval to implement the
recommendations of the Committee.
• On 5th September, 2013, the then President of the Republic, H.E. John
Dramani Mahama, gave Executive Approval for the conversion of the
Forest Reserve into an Ecotourism Park, and to release the peripheral
portions of the Forest Reserve to the Owoo Family, in accordance with
the recommendations of the Committee.
Page 3 of 4
• Pursuant to the said Executive Approval, the Forestry Commission, acting
on behalf of the then President, H.E. John Dramani Mahama, three (3)
leases executed in September 2013, granted these portions of the Forest
Reserve to the Owoo Family for a term of ninety-nine (99) years. The
Family then registered the land in its name and granted sub-leases to
other private developers with the consent of the Forestry Commission.
However, because the land remained a Forest Reserve, by virtue of Order
31 of 1930, the lessees and sub-lessees could not develop the land,
although they had obtained all the necessary permits.
• Pursuant to the same Executive Approval, the Forestry Commission,
acting on behalf of the then President of the Republic, H.E. John Dramani
Mahama, entered into an agreement with Aikan Capital, a limited liability
company for the development of core area of the Forest into an
Ecotourism Park. The Commission also executed a lease agreement with
the company in February 2016, by which 227.84 hectares of the Forest
Reserve was leased to the company to undertake the planned
development.
• The Owoo Family and their grantees, in a bid to develop the peripheral
portions of the land which had already been granted to them, continued
to petition Government to release of the peripheral portions as a Forest
Reserve. Government, after assessing the entire situation, and based on
the advice of the Forestry Commission, that the ecological integrity of
the Forest Reserve will not be compromised by the Release, decided to
release the peripheral portions of the land from the Forest Reserve.
• This led to the publication of the two instruments, the Forests (Cessation
of Forest Reserve) Instrument, 2022 (E.I 144), and the Forests
(Achimota Firewood Plantation Forest Reserve) (Amendment)
Instrument, 2022 (E.I. 154). The first makes the peripheral portions of
the Forest Reserve, which had already been granted to the Owoo Family
in 2013, with portions developed, cease to be a Forest Reserve. The
second, amends the area of the land that should continue as Forest
Reserve.
Page 4 of 4
• However, as part of measures to ensure that the area of the Forest is
not compromised, both Instruments contain provisions that restrict the
nature of the development that can take place on the land. Under E.I.
144 for example, before any development can take place on the
peripheral portions of the Forest that has ceased to be a Forest Reserve,
• Land Use and Spatial Authority shall prepare a Master Plan for the
development of the area, taking into consideration the ecological
integrity of the remaining portions of the Forest Reserve.
• The Master Plan must be approved by the Minister for Lands and Natural
Resources, acting on the advice of the Forestry Commission;
• No development can take place without the express approval of the
Minister for Lands and Natural Resources, taking into consideration the
ecological integrity of the Forest.
The Achimota Forest remains an integral part of Government’s plan for the
protection of our forest cover, and our agenda for aggressive afforestation and
reforestation. Government, through the Ministry of Lands and Natural
Resources, will continue to protect the Achimota Forest and prevent it from
being further encroached. Government is also committed to ensuring that
whatever that happens on the peripheral portions of the land, does not affect
the ecological integrity of the Forest.
END
SIGNED
HON. SAMUEL A. JINAPOR, MP
MINISTER
Meanwhile, Civil Society Organisations (CSOs), including the OccupyGhana, have demanded the suspension of the operation of Executive Instrument (E.I.) 144 by government.
In a letter dated May 23, 2022, the CSO said, “We write to demand that you revoke or suspend the operation of the Forests (Cessation of Forest Reserve) Instrument, 2022 (EI 144) and the Forests (Achimota Firewood Plantation Forest Reserve) (Amendment) Instrument, 2022 (EI 154) forthwith.”
‘Deem Sir John’s alleged land ownership at Achimota Forest, Ramsar Site void’ – Jinapor directs Lands, Forestry Commissions
OccupyGhana added that “Instead, we demand a full public inquiry under Chapter 23 of the Constitution into the matter of the Achimota Forest Reserve.”
Background
Last week, the President signed an Executive Instrument to declassify the Achimota Forest.
The Instrument gazetted on behalf of President Akufo-Addo by the Lands Minister, Samuel Abdulai Jinapor, stipulated that effective May 1, 2022, the land on which the Forest is located shall cease to be a forest reserve, pursuant to Section 19 of the Forest Act, 1927 (CAP. 157).
The cessation, per that document, was to be effective on May 1, 2022.
However, the Minister of Lands and Natural Resources, Samuel Abu Jinapor, has said the government is not selling the land.
source:myjoyonline
