MATHIAS KOFI BOATENG vs. ATTORNEY GENERAL, LANDS COMMISSION AND OFFICE OF THE ADMINISTRATOR OF STOOL LANDS

The Government of Ghana compulsorily acquired 9,669.47 acres of land at Barekese in the Ashanti Region under the State Lands Barekese – Site for Dam and its Catchment Area for Ghana Water Company Limited Instrument 2001, EI 23. The land covered about twelve stool lands. The Lands Valuation Board calculated compensation payable and informed the stools that payment would be made to the Office of Administrator of Stool Lands (OASL) per Article 267 of the 1992 Constitution. The stools objected, contending compensation should be paid directly to them. The Attorney General advised that Article 267 did not apply to compensation for compulsory acquisition, which should be paid directly to stools. The plaintiff challenged this advice, seeking declarations that compensation must be paid to the OASL and disbursed according to Article 267(6).

BENIN, JSC: - The facts as neatly set out by the 1st and 3rd defendants in their statement of case are as follows. By the State Lands (Barekese – Site for Dam and its Catchment Area) for Ghana Water Company Limited- Instrument 2001, EI 23, the Government of Ghana acquired 9,669.47 acres of land situate at Barekese in the Ashanti Region on behalf of the Ghana Water Company Ltd. The land covered about twelve stool lands. Subsequently, the 2nd defendant sought advice from the 1st defendant by a letter dated 1st April 2008 as to who was to be paid compensation from the compulsorily acquired land. That is whether the compensation payable should be made under article 267 into the Stool Lands Account or to be paid directly to the stools concerned. The 1st defendant, in a letter dated 11th April 2008 advised that article 267(2) of the 1992 Constitution did not apply to compensation for stool lands compulsorily acquired by the State. The reason that was given was that acquisition of land mad.....