Sole-Commissioner Justice Yaw Apau
Posted on: www.dailyguideghana.com
By William Yaw Owusu
Thursday December 20, 2012.
It has emerged that the Lands Commission does not
know about compensations paid to claimants as a result of compulsory
acquisition of lands by the state even though it is the commission that makes the
assessments and recommend payments.
The Commission of Enquiry that is investigating
the payment of Judgement Debts heard how some government agencies paid huge
sums of monies to claimants without notifying the Lands Commission after the it
(commission) had made the recommendations.
The ‘Commission of Enquiry into the payment of
Judgement Debt and Akin’ under C.I. 79 to investigate the frivolous and dubious
payments of huge monies to undeserving individuals and companies, was appointed
by President John Dramani Mahama after public uproar over the payments in what
has now come to be termed as Judgement Debts (JD).
Notable among them were payments made to CP (94
million Euros) and the never-ending case of GH¢51.2 million parted to the
self-styled National Democratic Candidate (NDC) financier, Alfred Agbesi
Woyome, both of which many believed were dubious and frivolous.
Appearing before Sole-Commissioner Justice Yaw
Apau at the commission’s last sitting for the year, Acting Executive Secretary
of the Lands Commission, Dr. Wilfred Kwabena Anim-Odame told the commission
that “when we conduct all the investigations, do our assessments and finally
make recommendations to the Ministry of Finance and Economic Planning and the
relevant agencies/departments, they do not give us notice that the claimants
have been paid.”
He mentioned the Volta River Authority (VRA),
Ghana Roads and Highways Authority, Bulk Oil Storage Facility (BOST),
Millennium Development Authority (MiDA), Ghana National Gas, Ghana Oil Palm
Development Company among others as some of the notable agencies that paid
compensation for people whose lands were taken by the state for development but
failed to notify them about the mode of payments.
“We have severally sent reminders to these
agencies asking them for receipts of payments of compensations but to no avail,”
the Acting Executive Secretary said to the chagrin of the Sole-Commissioner.
He said that even though compensations are paid
strictly for lands and landed properties that are covered under an Executive
Instrument (EI), there had been exceptions in the payments.
“For some project funded activities we have been
compelled to pay compensations even though they are not covered under the EI
and the Tetteh Quarshie – Mallam Highway funded by MiDA is a typical example.”
Dr. Anim-Odame told the commission that the Lands
Commission assessed over 3,000 compensation claims for payment to be made by
MiDA.
He said that where a party traditional leader or
stools donated lands for national development, it was not classified as
compulsory acquisition, adding “we take steps to assist the MMDAs to transfer the
titles.”
He said the commission does not have a list of lands
donated to the government for development purposes. He however, added that the
commission got funding from the World Bank to take inventory of all such
properties but it was not completed because the funds could not cover the whole
country.
Dr. Anim-Odame told the commission that anytime
the MMDAs showed interest in parcels of land, it was up to the Lands Commission
to investigate and make recommendations to the government for compulsory acquisition.
He tendered in evidence initial list of
compensations paid by the government to claimants since 1993 and added to the
list were ledgers and pay vouchers for the payments.
The Acting Executive Secretary however, told the
commission that it had been difficult for them to track all the payments due to
the fact that documents are not kept properly at his outfit.
“We are not digital, we operate manually and it is
a problem for us. We are working hard to get more documents covering the
payment of compensation.”
He also explained the functions of the executive
secretary vis a vis the Chairman of the commission and the framework bordering
on land regulation in the country.
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