MATHIAS KOFI BOATENG V. ATTORNEY GENERAL, LANDS COMMISSION AND OFFICE OF THE ADMINISTRATOR OF STOOL LANDS

JUDGEMENT

BENIN, JSC

The facts as neatly set out by the 1^st and 3^rd defendants in their statement of case are as follows. By the State Lands (Barekese – Site for Dam and its Catchment Area) for Ghana Water Company Limited- Instrument 2001, EI 23, the Government of Ghana acquired 9,669.47 acres of land situate at Barekese in the Ashanti Region on behalf of the Ghana Water Company Ltd. The land covered about twelve stool lands. Subsequently, the 2^nd defendant sought advice from the 1^st defendant by a letter dated 1^st April 2008 as to who was to be paid compensation from the compulsorily acquired land. That is whether the compensation payable should be made under article 267 into the Stool Lands Account or to be paid directly to the stools concerned. The 1^st defendant, in a letter dated 11^th April 2008 advised that article 267(2) of the 1992 Constitution did not apply to compensation for stool lands compulsorily acquired by the State. The reason that was given was that acquisition of land …