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Danger looms at Israel-Abeka over sale of land earmarked for school project

Thu, 11 Feb 2016 Source: Damptey, Daniel Danquah

Whoever sold those plots of land earmarked for a school project around the Israel football field to one Prince Boateng of Crown Prince Academy has done a great deal of disserve to the Ghanaians. The identity of those faceless individuals who committed such abominable act will remain hidden for now. At least, that is what they think. But that will not be so for long. The veil behind those scoundrel and unpatriotic crooks at the Lands Commission will be exposed and when the time comes, not even the sea can save them from the wrath of the people.

The whole saga started when government through executive instrument (E.I 61) dated 23rd April, 1975 LS408/75 acquired the land to be used for the national Olympic Sports Complex. That portion of land under litigation was to be used for a Public School, a hospital and a market. Please it did not say it was for private school. It was to be used for AMA School.

The probing question to ask is “will the establishment of a private school by Prince Boateng be of benefit to the community in which the disputed land is cited? There is a saying that “se aponkye se obema wo fever aduro a hwe ne dwonso”. (If the goat claims to give you medicine for your fever, just take a look at its urine). Just take a look at the road in front of his school, (Crown Prince Academy) Does this portend anything good? If after collecting all the billions of Cedis including even charging interest on arrears of school fees, this is all that he could offer, then the Israel Community prefers to be left alone in its “ignorance”

Mr. Nkrumah, Proprietor of St. Michaels’s International School and the Cosmos School had earlier on purchased their portions of the land from the Asere Stool, the original owners of the land before it was compulsory acquired by government without payment of any compensation. Mr. Boateng of Crown Prince Academy claimed he had purchased those plots of land under litigation from the Lands Commission for the establishment of a school.

The question to be asked is ‘Is the land commission authorized to sell public lands? Again the public would like to know whether the decision to sell those portions of the land was taken unilaterally by the Chairman or the entire members of the board. And if the answer to the second question is “Yes”, will the board be kind enough to furnish us with the minutes of that meeting where the decision to “award” the land to Mr. Boateng was taken? The recent utterances and actions of Mr. Boateng leave much to be desired.

First, he resurfaces on the disputed land to issue threats on those he calls encroachers. He even stated he would fence the Israel football field to ward off the so-called “encroachers and trespassers”.

Next, he sent land guards to issue letters of ejection and the next day, Saturday, 23rd January, 2016, he carried out illegal demolition exercise on the land in dispute.

But the most astonishing aspect of this show of ‘’strength’’ was the fact that the Ghana police supervised the demolition exercise. In the first place, there was no court order to that illegal act. Secondly, the ejection notice was not served by any bailiff but by land guards and thugs.

The following Wednesday, January 27, 2016 the Asere traditional elders ofAbeka Mantse Palace in collaboration with the Landlords Associations of Alhaji, Israel, Taborah, LomInava, Nii Boiman and others organized a press conference to state its side of the story. Surprisingly, that was rudely interrupted by the police led by the Commander of Mile 7 Police Station. His grouse was that the letter informing the police of intention to organize the press conference did not state that a demonstration through the principal street of Israel would precede the press conference. That aborted Press Conference was given wide coverage by UTV, Adom TV and news, Joy Prime and news, TV Africa, and Viasat 1 TV.

This unprecedented act by the Police emboldened Mr. Prince Boateng and his hoodlums to engage in further acts of wanton destruction. The following Saturday, 30th January, 2016 to be precise, these thugs of Mr. Boateng were seen openly smoking Indian hemp and wielding canes, clubs and other dangerous weapons as they had a field day enjoying what they known best-destruction.

A few days ago, these hoodlums set up a road block in the night and harassed and extorted moneys from their unfortunate victims who found themselves at the vicinity at that ungodly hours of the night. How long are we going to stand aloof and watch these hoodlums take the law into their hands by engaging in acts inimical to societal norms?

The District Security Council, the Police and the Ministry of Interior should act fast to prevent the already volatile situation form generating into a state which whose only destination will be Golgotha. If no action is taken against Prince Boateng and his paid thugs to prevent them from engaging in acts inimical for our collective existence as One Great People with a common destiny, the rest of us will adopt unorthodox measures to protect our lives and property.

Let us focus our attention on the judgment of the Honorable Mr. Justice D.K Ofosu Quartey. The whole process from the hearing notice to the judgment smacks of conspiracy. In the first place, the hearing notice to parties never got to the plaintiff or the Co-Plaintiffs. Will the office of the Registrar of the court make available to us where and when the notice was served and who received or signed for it. The dispatch book of the bailiff who went to serve the notice will be of immense use in our efforts to unravel the truth here

Thus, neither the plaintiff nor co-plaintiff knew of the date of the hearing and so could not be present in court. If somebody had appeared in court for the plaintiff, then I make bold to state here that it was fraudulently done and the Registrar must be called to account. Mr. Ray Kakraba Quarshie, Lawyer for the Plaintiff was and the rest were not served notice to appear before Justice D.K Ofosu Quartey of Accra High Court sitting at Adjabeng on the so-called hearing on Monday, 7th April, 2014.

Even though I am not a legal practioner, I can say in all sincerity that there has been a travesty of justice with my learned justice D.K Ofosu Quartey declaration that Mr. Boateng of Crown Prince Academy should have the last laugh in the land tussle.

Right from the beginning of this legal tussle, Mr. Boateng has stated loud and clear that the land in question was leased to him for 99yrs. Reference to exhibit A Suit No OBL 129/95 ruling by Circuit Court judge, Justice V. C Diegah (Col Rtd.) The last paragraph of the page one of his judgment states ‘’council for the applicant (Mr. Boateng) contended that the land in question was leased to the applicant for 99 years by the Land Commission Secretariat acting on behalf of the Government of the Republic of Ghana. The lease document was executed on 11th July, 1995

Again in suit C859/2000 between the trustees of St. Michael International School Vs. Prince Boateng and Land Commission, exhibit PB, Page 2 Paragraph 3 states “that Nii Teiko Akotia Oworska III of Oworska family granted a portion a of the land to the plaintiff (Mr. Nkrumah) for a term of 99yrs for valuable consideration”.

But on page 5, paragraph of his judgment, Justice D.K Ofosu Quartey says ‘’the 1st defendant (Prince Boateng) had to his credit an indenture made between the Government of Ghana and Crown Prince with the registry No. 95/1996 granting him a 50yrs Lease of the land situated at national Sports Complex within the area of compulsorily acquired land by the state. It is dated 11th July 1995’’

Why the discrepancy here? And it beats my mind why Honourable Justice D.K Ofosu Quartey did not detect such anomaly. This makes the judgment questionable and suspicious. Were there some “under hand” dealings amongst some of the parties? Did anybody spearhead the exchange of a he goat amongst the parties? This judgment by Justice D. K. Ofosu Quartey is unprecedented in legal history and calls for a thorough investigation, since the 50 year lease never surfaced in the course of the proceedings. Where from the fifty years?

I am appealing to the Chief Justice to set up a panel to probe the conduct of Honourable Justice D. K. Ofosu Quartey in awarding judgment based on a matter which has not been pleaded to. The judicial abracadabra and intrigues in the system must stop. On this I stand and it is to the attainment of truth and justice that my efforts will be concentrated, be the journey long or short.

Daniel Danquah Damptey (damptey_daniel@yahoo.com) 0243715297

Columnist: Damptey, Daniel Danquah