2011
SUPREME COURT
GHANA
CORAM
AI Generated Summary
This Supreme Court ruling addresses a preliminary objection to jurisdiction in a constitutional enforcement action brought by citizens challenging the disposal of public land. Plaintiffs seek declarations that the Minister for Water Resources, Works and Housing in the prior administration of President J.A. Kufuor lacked authority to direct sale of a government bungalow located at St Mungo Street, Ridge, Accra (Parcel No. 29, Block 12, Section 019), and that the Lands Commission and Land Title Registration Office’s steps to register the transaction are unconstitutional. They rely on Articles 20(5)-(6), 23, 257, 258, 265, 284 and 296. The 2nd defendant contended the matter was a simple land dispute for the High Court and that conflict-of-interest claims belong to CHRAJ. The Court, per Atuguba JSC with concurrences including a detailed analysis by Adinyira JSC and a concurring opinion by Dotse JSC, held the case squarely engages constitutional enforcement and interpretation, affirmed broad citizen standing under Article 2(1), and overruled the preliminary objection, allowing the case to proceed on the merits.
R U L I N G
ATUGUBA, J.S.C:
By their amended writ dated 30/7/2010 the plaintiffs claim before this court as follows:
“1. A declaration that, by virtue of Articles 20(5) & (6), 23, 257, 258, 265, 284 and 296 of the Constitution of the Republic of Ghana, 1992, the Minister for Water Resources, Works and Housing in the previous Government of His Excellency, President J.A. Kufuor, did not have the power to direct the sale, disposal or transfer of any Government or public land to the 2nd Defendant or any other person or body under any circumstances whatsoever, and that any such direction for the disposal, sale or outright transfer of the said property in dispute or any public land to the 2nd Defendant was unconstitutional and illegal.
2. A declaration, by virtue of Articles 20(5), 23, 257, 258, 265, 284 and 296 of the Constitution of the Republic of Ghana, 1992, the Government of Ghana is obliged to retain and continue to use in the public interest the property compulsorily acquired for public purpose the parcel of land designated as Parcel No. 29, Block 12, Section 019, in extent 1.04 acres more or less, as delineated on Registry Map No. 0033/019/1988, on which is situated by the Republic of Ghana Bungalow No. 2 located at St Mungo Street, Ridge, Accra.
3. A declaration that the purported sale of the said Government Bungalow by the outgoing Government to one of its high ranking public officials, the 2nd Defendant, was in utter contravention of Articles 20(5), 23, 257, 258, 265, 284 and 296 of the Constitution of the Republic of Ghana, 1992, and the purported direction by the Minister for Water Resources, Works and Housing in the previous Government of His Excellency, President J.A. Kufuor, for the disposal, sale or outright transfer of the said property in dispute to the 2nd Defendant smacks of cronyism, and the same is arbitrary, capricious, discriminatory and a gross abuse of discretionary power vested in a public officer under the 1992 Constitution.
4. A declaration that the publication by the Lands Commission and the Land title Registration Office at page 18 of “The Ghanaian Times” published on 22/11/2008 in respect of the “Notice of Application for the Registration” by the 2nd Defendant of the parcel of land designated as Parcel No. 29, Block 12, Section 019, in extent 1.04 acres more or less, as delineated on Registry Map No. 003/019/1988, on which is situated by the Republic of Ghana Bungalow No. 2, located at St Mungo Street, Ridge,
Accra, a