2016
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The plaintiffs challenged the constitutionality of several sections of the Lands Commission Act, 2008 (Act 767) on the grounds that they violate the 1992 Constitution. The Supreme Court held that the amalgamation of various bodies with the Lands Commission is constitutional and promotes better coordination and development of land use in the national interest. The case was dismissed.
JUDGMENT
ATUGUBA, JSC:
By their writ dated 3/11/2014 the plaintiffs claim against the defendants as follows:
1. a declaration that the Land Commission as established by Parliament pursuant to the lands Commission Act, 2008 (Act 767) is unconstitutional.
2. a declaration that section 5(g), (h), (i) and (j) of the Lands Commissions Act 2008 (Act 767) that assigns functions to the 3rd defendant which said functions by virtue of the 1992 Constitution are intended to be the preserve of existing institutions which the 3rd defendant was constitutionally enjoined to coordinate with in the performance of its functions under articles 11 and 258 of the 1992 Constitution and are unconstitutional and consequently void.
3. a declaration that section 7(2) (c) of the Lands Commission Act, 2008 (Act 767) which interferes with the assessment and collection of rents in respect of stool lands and their distribution, a function assigned to the Administrator of Stool Lands by the 1992 Constitution violates, breaches and is inconsistent with and in contravention of articles 267(1), (2) and (6) of the 1992 Constitution are consequently unconstitutional and void.
4. a declaration that section 19 of the Land Commission Act, 2008 (Act 767) by making existing public agencies and government bodies divisions of the 3rd defendant and thus exhibiting an intention of the 3rd defendant not to coordinate with the existing public agencies and government bodies in the performance of its functions relating to survey and mapping, land title registration, and land valuation violates article 258 of the 1992 Constitution and is consequently unconstitutional and void.
5. a declaration that sections 20, 21 and 22 of the Lands Commission Act, 2008 (Act 767) which exhibit an intention of the 3rd defendant not to co-ordinate with existing public agencies and government bodies in the performance of the 3rd defendant’s functions and thereby depriving other commissions and entities established under the 1992 Constitution of their independent services violate articles 20(2) (a), 36(8), 258(1), 267(1) and 269(1) of the 1992 Constitution and are consequently null and void.
6. a declaration that sections 40, 41, 44 and 45 of the Lands Commission Act, 2008 (Act 767) in purporting to dissolve, transfer the assets, obligations and rights of the Survey Department, the Land Valuation Board, the Land Title Registry, the Land Registry and the Lands Commission which were in existence prior to the enactm