Obtaining President’s permission to acquire farming rights in land unconstitutional, says Justice Osei Tutu
The discussion equally focused on Justice Alexander Osei Tutu’s new book; The Essential Themes in Land and Customary Law. Launched last week at the Law Court Complex, the book dissects Act 1036.
Justice of Ghana’s High Court and of The Gambia, Justice Alexander Osei Tutu says he thinks aspects of the new land law where the President’s permission is required before a grant of farming rights in a family land or stool land is exceeded, seems to be unconstitutional.
Speaking on The Law programme by host Samson Lardy Anyenini, he explained that the Constitution places the President solely in charge of public lands.
The new land Act, Act 1036, places some restrictions or limits on how much land a person can acquire for farming purposes, in respect of a stool, clan, or family land. For instance for poultry or cereal cultivation purposes, the grant of farming rights in a stool, clan or family land shall not exceed a term of 25 years.
According to section 22 of the Act, where the President is satisfied that a special circumstance exists that renders compliance with the limits prescribed by the section prejudicial to the national interest or to the interest of a stool or skin, or clan or family, direct that grant of land or any interest in the land shall exceed the areas in subsection (2) and the land or an interest in the land shall be granted although the limits exceeded.
“And I think I discuss in my book, I felt that this is unconstitutional. Because if you read the constitution carefully, it places the President in charge of public lands. The Constitution recognizes individual rights, for example under article 18, the constitution provides that an individual can acquire his property and a group, including family, can also have their property.
So the family land belongs to only members of the family, so if the family has a land and they want to grant it to somebody for 30 years, the law says, you can’t do that, you need the President’s permission when the President is only in charge of public lands. We have public lands, stool lands, and family lands. So the President is in charge of public lands, stool occupants are in charge of stool lands, and under article 36 (8) of the Constitution, the law holds the fiduciaries accountable. So I think it’s unconstitutional,” he said.
The discussion equally focused on Justice Alexander Osei Tutu’s new book; The Essential Themes in Land and Customary Law. Launched last week at the Law Court Complex, the book dissects Act 1036.