Lands Commission clarifies Asaase Broadcasting Company not linked to disputed Cantonments property

The Lands Commission has clarified that the property at No. 7, 5th Circular Road, Cantonments, has never been owned or occupied by Asaase Broadcasting Company Limited.

This clarification follows accusations by Samuel Okudzeto Ablakwa, Member of Parliament for North Tongu, who alleged that the property in question was unlawfully acquired as state property.

In a statement issued on Tuesday, the Lands Commission set the record straight: “The land described as No. 7, 5th Circular Road, Cantonments, which is the subject matter of Suit No. LD/0526/2023 intituled Judicial Service of Ghana v The Lands Commission, Frimps Oil Company Ltd and the Attorney-General is separate and distinct from the land occupied by Asaase Broadcasting Company Limited at Cantonments. This land has never been owned or occupied by Asaase Broadcasting Company Limited.”

“Following the commencement of the Suit by the Judicial Service of Ghana, the Lands Commission, on 19th July 2023, applied for further and better particulars in respect of all the lands mentioned in the suit, and requested for the site plans of the said lands. This is because the Commission accurately identifies land by the appropriate site plans, and not by house numbers.”

The Lands Commission noted that the site plans submitted by the Judicial Service of Ghana showed that the property described as No. 7, 5th Circular Road, Cantonments, and lastly occupied by Justice F. G. Korbieh, formed part of a public land acquired by a Certificate of Title dated 7th June, 1920 for Government Services.

“The land was subsequently developed into Government bungalows managed by the Ministry of Works and Housing, and allocated to staff of the public services as and when the need arises. Pursuant to an in-filling scheme undertaken by the Lands Commission, the Ministry of Works and Housing and the then Town and Country Planning Department (now Land Use and Spatial Planning Authority), at Cantonments and North Ridge Residential Areas in the early 2000s, the land which originally had only one bungalow was divided into four (4) parcels of land in order to increase the number of houses on the land.”

“The Commission’s records indicate the following transactions in respect of the four (4) parcels of land: a. Parcel 1: Lease dated 6th August, 2015, between the President of the Republic of Ghana (as Lessor) and Litty Mart Enterprise (as Lessee) for a term of fifty (50) years; b. Parcel 2: Lease dated 17th May, 2011, between the President of the Republic of Ghana (as Lessor) and Kwabena Kuffour (as Lessee) for a term of fifty (50) years. By a Deed of Assignment made on 12th April, 2021, Kwabena Kuffour assigned his unexpired interest to Frederick Hermann Hesse-Tetteh; c. Parcel 3: Lease dated 15th May, 2012, between the President of the Republic of Ghana (as Lessor) and Silvercord Estates Limited (as Lessee) for a term of fifty (50) years. By a Deed of Surrender dated 10th February, 2021, Silvercord Estates Limited surrendered its interest in the land to the Republic and the land was leased to Hercules Capital Limited by a Lease dated 2nd February, 2021; and d. Parcel 4: No recorded transaction,” it further stated.

The commission said that it was evident that Asaase Broadcasting Company Limited has no interest in the property which is the subject matter of the suit between the Judicial Service of Ghana and the Lands Commission and others.

“The land currently occupied by Asaase Broadcasting Company Limited, which also forms part of the public land acquired by a Certificate of Title dated 7th June, 1920, has the following recorded transactions in respect of the property:

a. Lease dated 18th July, 2006, between the President of the Republic of Ghana (as Lessor) and Mr. Fosuaba Akwasi Mensah Banahene (as Lessee) for a term of ninety-nine (99) years;

b. Mortgage dated 16th May, 2011, between Mr. Fosuaba Akwasi Mensah Banahene (as Mortgagor) and Prudential Bank Limited (as Mortgagee).”

“Discharge of Mortgage dated 20th January, 2020 by Prudential Bank Limited in favour of Mr. Fosuaba Akwasi Mensah Banahene; and d. Assignment dated 4th March, 2020 between Mr. Fosuaba Akwasi Mensah Banahene (as Assignor) and Lilly Homes Limited (as Assignee). For the avoidance of doubt, this property is not the subject-matter of the suit between the Judicial Service of Ghana and the Lands Commission and Others, which is described in the Suit as No. 7, 5 Circular Road, Cantonments,” it stated.

The Commission also said that it was evident that the Minister for Lands and Natural Resources did not make any false claim when he responded to the MP’s allegations in respect of the Judicial Service’s land at Cantonments.

“The Hon. Minister’s response was in relation to the main subject- matter of the suit by the Judicial Service of Ghana, described as land opposite American Embassy and labelled as Plots 3A to 3F, as can be seen from the Writ of Summons and Statement of Claim filed by the Judicial Service and published by the Hon. MP.”

“This land was leased to Frimps Oil Company Limited by a lease dated 13th July, 2015, made between the President of the Republic of Ghana (as Lessor) and Frimps Oil Company Limited (as Lessee). It was Frimps Oil Company Limited’s attempt to take possession of the property, pursuant to the said Lease, that led the Judicial Service of Ghana to institute the above action against the Government, with Frimps Oil Company Limited as the Second Defendant,” it stated.