Ghana: Government Bans Lease of Public Lands By Institutions, Individuals

Cabinet has directed that no public institution or individual can lease, transfer, or change the use of public lands without written permission from the President, through the Minister of Lands and Natural Resources.

They are also not allowed to sublet, assign, dispose of, or otherwise create any third-party interest in any public land granted or allocated to that public institution, public body, or public corporation.

Such public land covered by the directive includes lands that have been granted to public institutions for public purposes, whether by way of freehold, leasehold, or any form of grant.

The directive is contained in a statement issued by the Minister of Lands and Natural Resources, Samuel A. Jinapor, in Accra, yesterday to announce the government’s latest move to regulate the transfer of public lands.

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The statement said the Cabinet decision was made at its 76th meeting held on July 18, 2024, during which a report by the sector minister on the transfer of public lands by public institutions, and the legal advice provided by the Attorney-General and Minister for Justice on the report, were considered.

It said although Article 257(1) of the Constitution vests public lands in the President, on behalf of, and in trust for the people of Ghana, public lands were being transferred to third parties without permission.

“Cabinet has taken note of the practice by public institutions to assume ownership of public lands allocated to them for use and transfer title in such lands to third parties without the approval of Government.

“Cabinet deems it necessary to protect public lands granted to public institutions for public purposes, ensure that these lands are utilised for the purposes for which they were granted to such public institutions, and ultimately, secure the public interest,” the statement said.

The statement cautioned all public institutions, public bodies, and public corporations including all public universities in the country to comply with the directives.

“The general public is advised not to be a party to any such transaction in respect of public lands without the prior written approval of the President of the Republic, given through the minister responsible for lands,” it said.

The statement said the sector minister is required to write to all public institutions, public bodies, and public corporations and public universities inclusive, communicating the directive of Cabinet to such institutions, bodies, and corporations.

The ministry is also directed to cause to be published in the newspapers an Advertiser’s Announcement, communicating the directive of Cabinet to the general public.