GHANA LAND: Buyer Beware Fraud viciates All 

 

The Supreme Court has confirmed the doctrine “FRAUD VICIATES ALL” so anything procured by fraudulent means and any fraudulent contract is void.

THE BUYER [OF LAND] FRAUDULENTLY ACQUIRED, LEASED OR SOLD CANNOT BE THE OWNER; this includes those fraudulently allocated State Acquired Lands.

Those who purport to sell or lease Land are enjoined by law [ACT 1036] to be transparent and accountable in all such transactions or in default be liable to stiff fines and long terms of imprisonment.

“DEFRAUDING BY FALSE PRETENCES.”

This is when you pretends to be what you are not, so as to deceive or defraud (an)other person(s).

It is very common in fraudulent Land Transactions and Chieftaincy litigation cases.

“DUE DILIGENCE” is key to avoiding being defrauded by fraudsters.

It is the responsibility of the State to protect citizens from Fraudsters even as Ghanaians are resolved to be Citizens and not Spectators…

ACT 1036 does not discriminate and will deal with any government officials, chief or thief who falls foul of the law.

In the specific instance of the Adenta and Cantonments Civil Aviation Land Looting, the Lands Minister’s reluctance or refusal to make public the Report on the investigation and the basis for any development by illegal private developers suggests official complicity or culpability in the fraudulent transactions for which reason the Minister commissioned an investigation.

Similarly, the refusal or reluctance of the Lands Minister, Samuel Abu Jinapor to honour his promises to Parliament relative to publishing the Report on the Kpletso Lands which is being clandestinely annexed by the Ghana Armed Forces, must no longer be tolerated by Parliament.

INDEED THE STATUS OF ALL STATE ACQUIRED LANDS MUST BE PUBLISHED BY GOVERNMENT TO ALLOW PUBLIC SCRUTINY.

All Fiduciaries are expected by the Land Law [ACT 1036] to be accountable in all such transactions or in default be liable to stiff fines and long terms of imprisonment.

THE LAW MUST WORK.

Reference to the ruling challenging the Capacity of Traditional Council in Land Cases…

Traditional Councils are creations of the Government.

Traditional Councils were created in various Traditional Areas and are affiliated to the Local Government Ministry which provides each Traditional Council with a government official known as THE REGISTRAR OF THE TRADITIONAL COUNCIL to run the administration of the Traditional Council.

Traditional Councils are like all “Councils” advisory bodies, whose advice is not binding on the Chief, Ohene or Mantse who is the President of the Traditional Council is their respective Traditional Area.

Traditional Councils are not the equivalent of the STOOL which is the Executive Authority of the Bloodline that can become Chief, Ohene or Mantse.

THE KEY QUALIFICATION OF A CHIEF, OHENE or MANTSE per the Constitution of Ghana is one of the appropriate FAMILY LINEAGE and BLOODLINE.

The State in its interactions with the Chief, Ohene or Mantse predates independence but has a common thread of indirect rule and Land acquisition.

The State has interacted with subjects of the Chief, Ohene or Mantse through them and acquired lands for developmental through the Stool by an Executive Instrument or other appropriate legal and constitutional means.

The Constitution of Ghana in Article 20 (5)(6) states how the State returns State Acquired Lands giving THE RIGHT OF FIGHT REFUSAL TO THE PRE-ACQUISITION OWNERS.

The most recent return of such State Acquired Lands was through an Executive Instrument [E.I. 432] in which 409acres of Ashanti Lands including lands occupied by state institutions as well as the Military were returned to the Asantehene in trust for the Subjects of the GOLDEN STOOL.

The E.I. 432 template is appropriate and conforms with the Constitution.

The Cantonments Civil Aviation Land transactions of 2006 and 2021 purported to be done by Kwaku Asoma-Cheremeh was defective and set aside by Samuel Abu Jinapor; hence the need for the Lands Ministry to immediately make public the Report on the Cantonments Civil Aviation Landgrab for scrutiny.

Failure by the ministry by the end of February, 2023 must trigger Parliament which has oversight to compell the Minister to among other things; PUBLISH THE STATUS OF ALL STATE ACQUIRED LANDS INCLUDING THE CANTONMENTS CIVIL AVIATION LAND, KPLETSO & TRADEFAIR REDEVELOPMENTLAND.

Read the following article of FRAUD VICIATING ANY CONTRACT

https://www.modernghana.com/news/1051702/fraud-vitiates-all-contracts-ghana-supreme.html

By Prince-Derek Adjei