It’s been the aspiration of most Ghanaians(if not all) in the Diaspora to acquire a property in one way or another. A place called home, where one day we can retire peacefully after decades of hustle and bustle in a foreign land. The lucky and prosperous ones, who are in the minority, do purchase completed and furnished houses, while the down-to-earth hustlers do acquire a piece of land and build over the years. In recent years, land acquisition in Ghana has become a major problem, especially for the Ghanaian in the Diaspora (Burger). Today a piece of land is sold to multiple vulnerable and novice clients, especially Ghanaians abroad, who are on a short vacation home. These practices exist all over the country, but very practical and predominant in Greater Accra, where the price of a piece of land has sky-rocketed as if one is shopping for the best wedding ring in the diamond district.

Unfortunately the Chiefs, who are supposed to exhibit exemplary leadership and stewardship for all to emulate, are the ones leading the corrupt practice of multiple sale of a singular piece of land. They’ve become so corrupt over-night and so evil and dangerous, they could do anything inhumane to scare you off the same piece of land they sold to you once-upon-a-time. They’ve employed the services of a group of unemployed youth known as Land-guards, whom they’ve upgraded as “ASAFO”. These land-guards are let loose into the fields looking for undeveloped lands, that the chiefs have knowingly sold to developers. Unfortunately, such corrupt practices by the chiefs tends to discourage prospective investors and developers from such litigant neighborhoods. This deprives the youth in the area of jobs and remittance into the country declines drastically, because Ghanaians abroad would rather keep their hard earned dollars in their savings account, than purchase a land and lose it tomorrow.

The judiciary and employees of the Lands Department are as guilty as the corrupt chiefs. These employees who are being paid with the tax-payers money are the ones that make land litigation more compounding, they do not keep authentic record of certified indenture at the judiciary to verify which documents have already been certified. All they care about is the unconditional bribes that they demand before certifying the document and do not care if ten people are registering the same piece of land. They do not explain to the developer that these documents must be registered with the Land Department before one can claim ownership of the piece of land. At this juncture, I would like to chip in a word of advice to my fellow Diasporeans, NEVER give a cent or penny to any member of the police task force responsible for land litigation at the Police headquarters, anytime you find yourself in such situation. They are worst than prostitutes all the way to the top. They take bribes from both the complainant and defendant and keep rescheduling the meeting between the two. They sleep with every Chief, Dzaase, Mankralo and every corrupt traditional ruler in Greater Accra.

Today, over 50% of cases at the judiciary stems from land litigation. Some of these cases have been going on for over 20years due to bribery and corruption. Why should the government be using the tax payers money at the expense of the greedy and selfish chiefs, who knowingly create such litigatious issue at the judiciary. A few months ago, about 40 houses at a gated community in Batsona (Community 20), in Accra were to be pulled down, because the land was illegally acquired. The innocent home owners paid an average of $55,000.00 for those homes. The questions are; what happened to the chief who knowingly sold the land illegally, where did Osullivan Estates acquired the building permit to construct hundreds of homes, when the name on the documents at the Lands department bears someone’s name and what happened to whoever signed that building permit?

Proceeds from the sale of these lands are supposed to be for the development of their communities, in the form of schools, roads, health centers and recreational facilities. Unfortunately, the least said about accountability for the stewardship from these chiefs and traditional elders, the better. Except for the three or more wives and uncountable concubines that they flourish these ill-gotten wealth on. A piece of land is sold for thousands of dollars in these communities, yet their schools do not have basic infrastructures such as chairs and tables. They lack proper bookkeeping and reliable maps/plans to guide them against unknowingly double documentation on the same piece of land. For all the thousands of dollars that accrue out of the sale of these lands, the chiefs and their traditional authorities cannot afford (refused) a computer with an updated map and plans, as a guiding database against double sale of land. Some traditional authorities oppose such structures in place, because it will impede the illegal fortunes that come their way, since there are no more lands available. Excepted those undeveloped lands that have been sold.

Ad-hoc, obsolete, outdated and redundant laws and procedures at the Land Registry have compounded the registration of land and increased land litigation at the judiciary. Pre-independence laws, such as The Stool land Protection ordinance of 1940, Kumasi Lands Ordinance of 1943 and the Local Government Ordinance of 1951, and Post-independence land laws such as; Act 123 of 1962, Article 164 (2) of 1969, Article 190 (20) of the 1979 and Article 267 (2) of the 1992 Constitutions have not done much to improve the ever increasing issue of land litigation. A more pragmatic approach need to be take by the government in order to improve these land issues. Multiple laws enacted pre-independence till date needs to replaced with an applicable law with punitive measures inculcated in this law.

Recently, Otumfuo Osei Tutu II of the Ashanti Kingdom destooled the Abrafohene of Kumasi Traditional Council and Nana Kofi Agyei Bi III, Chief of Antwima for double sale of land. These are first step measure that can help minimize the double sale of land, if practiced by every traditional council. Unfortunately destoolment can never be implemented in Greater Accra as long as the Chiefs and almost all members of the traditional council share the booty accrued from the double sale of land. Destoolment should be the first step toward eradicating the corrupt practice of these Chiefs. It’s been long over-due for such corrupt Chiefs to be arraigned before the law court and charge with fraud. This will prove to the chiefs and all members of the traditional council that no one is above the law. Can this be achieved? Yes, unfortunately most of these Chiefs have aligned themselves with one political party or the other and they’ve become some of the untouchables in our society. What can we the poor powerless victims do ???????

Muhammed S. S. Jawando

NY Presbyterian Hospital, New York Msjawando@gmail.com