Land grabbing fuels corruption and violence

The colonialists with all their faults promoted the understanding and appreciation of our cultural and customary practices at Achimota College.

Chemistry Mistress, Margaret Field, learnt enough Ga to interact with the priests and elders to acquire and give us a coherent account of land ownership and usage in Accra.

Briefly, land was not sold.  It belonged to the “house” or tribal group.  It was “given to” those entitled to it for specific purposes such as housing or farming.  

The chief or “family head” who “looked after the land” was given a token of appreciation for his care.  This in latter years became mainly a drink; that is, a bottle or two of spirit.

Much later still, money was added to the drink.  But then, how did non-indigenous people acquire land for housing for example? New practices had to be evolved.  

The land tenure system was obviously not suitable for modern development including extensive agriculture beyond subsistence farming. 

 The colonialists and even the indigenous people found it necessary to have precise or individual ownership.  And so the lawyers went to town and produced ownership documents such as “Grant” and “Deed of Gift”.  It is clear from the above that the determination of land boundaries became a problem, especially when government gave money for land acquired for public purpose.  

Rivers, streams and natural landmarks were not sufficient.  Ant-hills could no longer help determine boundaries between “houses” of the same settlement or town, especially when money was involved.

Bribery and corruption thus reared their ugly heads over land in Accra.  My father was in charge of Cadastral Survey in Accra and I got to know about the predatory attitudes of some chiefs, elders and family heads.  Some brought money as they came to “see” him.  They claimed one did not go to the elderly with “empty hands”.  

They asked for advice even when my father was in retirement.  What they wanted at the time was false advice as my father was then an assessor to Mr Justice Coussey on land cases.

When a visitor who was building a house was challenged on the ownership of the land, my father advised payment to the “trouble maker” to avoid unnecessary delay and financial loss.  Often the “trouble maker” belonged to the same “house” as the vendor and could make spurious claims which would take time to resolve.  Accra was then small and my father knew about the financial circumstances of many of the prominent men.  

He would therefore, advise his visitor to pay something “small” to the trouble maker and get a title of ownership from him.  My old man would add with a chuckle, “He needs some £25 to send the old wife away and acquire a new one. Use part of the money you have brought me to pay him”. 

I would have taken the parcel brought by the visitor and my father would ask me to bring it.  He would ask me what it was and I would say £200.  He would say to the visitor, “Take it and use part of it to buy your peace.  Thanks for the visit and greetings to your brother”.  

When I was at home I would be around to serve drinks at such visits and the old man would engage me in a long discussion later on the problems of life, especially, living within one’s means to avoid borrowing and bribe-taking.

As land suddenly acquired great value, disputes about ownership increased.  As soon as a pillar or a building was erected, injunctions and other measures were initiated at the courts.  The cases took long to be decided upon.  If the one who lost the case had built upon it, he vacated the land and the building became the property of the confirmed land owner.  

My father’s advice to pay both sides was, then appreciated.  The public was however, not happy about the loser losing the building he had erected.  Eventually, there was political intervention.  

Dispute about the ownership of the land on which the Koala supermarket at Osu stands led to a law which favoured the one who had built on land which did not belong to him.  

The law eventually came to mean that the one who lost the land case kept the land if he had built substantially on it in practice up to lintel level.  He then paid compensation to the true owner.

This law, which has been applied only in Accra, led to the grabbing of land and quickly building on it.  It has led to the hiring of thugs or land-guards who forcefully prevent an owner from entering his property while it is being built upon night and day.  

 The law promotes violence.  It is iniquitous.  It