Battle over stool lands

Three state institutions are battling for supremacy over the payment of compensation for compulsorily acquired stool lands in the country.

The Office of the Administrator of Stool Lands, Lands Commission and the Land Valuation Board are locked up in a tug-of-war as to which of them had been constitutionally mandated to collect and pay royalties/compensations on stool lands.

Christiana Esi Bobobee, the Administrator of Stool Lands, yesterday told the sole commissioner investigating huge judgement debts payments and compensations to institutions and individuals that their powers had been usurped by Land Valuation Board and Lands Commission with regard to compensation for stool lands.

She told the sole commissioner, Justice Yaw Apau, that it was surprising that her office, which is statutorily mandated to handle such matters, should be so relegated to the background.

According to her, a letter written by a former Attorney-General, Joe Ghartey, in April 2008 virtually ceded some powers of the Offices of the Administrator of Stool Lands to the Lands Valuation Board, which had taken over the negotiations and payment of compensations for stool lands.

This, according to her, was in flagrant violation of the provisions of the constitution and a slap in the face of the Office of the Administrator of Stool Lands.

Constitutional provisions

Article 267 (2) of the constitution states that “there shall be established the Office of the Administrator of Stool Lands which shall be responsible for -

(a) the establishment of a stool land account for each stool into which shall be paid all rents, dues, royalties, revenues or other payments whether in the nature of income or capital from the stool lands;

(b) the collection of all such rents, dues, royalties, revenues or other payments whether in the nature of income or capital, and to account for them to the beneficiaries specified in clause (6) of this article; and

(c) the disbursement of such revenues as may be determined in accordance with clause (6) of this article.

Mrs. Bobobee reiterated that even though the constitution had stated categorically that the Office of the Administrator of Stool lands handled matters relating to stool lands, her outfit was mostly bypassed when compensations were being paid for such lands.

Subpoena Issued

The Administrator of Stool Lands was subpoenaed to brief the commission on compensations government had paid for 14 compulsorily acquired stools lands in the Ashanti Region.

Ashanti Regional Stool Lands Officer, Nana Nsuase Poku Agyeman, who accompanied his boss to the commission, indicated that with the exception of four out of the 14 namely Worakesse, Kwadaso, Barekesse and Pai stools, which the Office of the Administrator of Stool Lands did not have any knowledge of, the Office had some information on compensation payments to the rest even though they were not part of the disbursement of the funds.

The 10 were Ahinssan, Adoma, Sasamo, Anwoma, Asokore, Maaban, Nkwantakesse, Anyinasse, Offinso and Nkonsontuano stools.

It had been noted that most of the compensations payment had been made through the Lands Commission, some of which had been captured by the 2010 Auditor-General’s report.

The Administrator of Stool Lands, Mrs. Bobobee, said the constitution had been explicit that her office should be a key stakeholder in disbursement of compensations to beneficiaries and yet they had been neglected.

Article 267 (6) of the constitution states that “Ten per cent of the revenue accruing from stool lands shall be paid to the office of the Administrator of Stool Lands to cover administrative expenses; and the remaining revenue shall be disbursed in the following proportions-

(a) twenty-five per cent to the stool through the traditional authority for the maintenance of the stool in keeping with its status;

(b) twenty per cent to the traditional authority; and

(c) fifty-five per cent to the District Assembly, within the area of authority of which the stool lands are situated.

Article 267 (7) further states that “The Administrator of Stool Lands and the Regional Lands Commission shall consult with the stools and other traditional authorities in all matters relating to the administration and development of stool lands and shall make available to them all relevant information and data.

Furthermore, Article 267 (8) The Lands Commission and the Administrator of Stool lands shall co-ordinate with all relevant public agencies and traditional authorities and stools in preparing a policy framework of the rational and productive development and management of stool lands.

Lands Commission

Sole Commissioner Justice Apau has subpoenaed the Lands Commission to appear before his commission comment on the issues on October 16, 2013.