This piece seeks to help solve the raging land litigation between the Akim Abuakwa Paramount Chief and some of his subchiefs on one side and some investors who happened to purchase some of the said lands.
The objective is to tell the history of the famous Akim Abuakwah stool lands and how it was dismembered by some of the then chiefs. I believe if properly read and applied, it will help mitigate most of the needless litigations because these records have been there for over a century and hence comes with credibility. As such, no one can pretend not to see the glaring facts as long as they are public knowledge and the sources verifiable.
History:
During the reign of the Late Sir Nana Ofori Atta ( I ) (the then Omanhene of Akim Abuakwa), one of the famous and intelligent Kings mother Ghana has ever had decided to undertake a remarkable exercise to ascertain ownership of the very lands being contended today. It was a praiseworthy initiative because the late King wanted the right thing done so that he doesn’t step into the boundaries of others.
Smartly, what he immediately set out to do was to engage some learned people including his own nephew, Dr. J.B.DANQUAH of blessed memory and others to investigate the history and the extent of lands legally under his jurisdiction. Among some of the findings are where mostly this article is coming from and are as follows:
EVIDENCE BY DR. J. B. DANQUAH AND OTHERS:
- “ I do not want to single out anyone of the chiefs as being the greatest culprit in the sale of land, but in order that you have a concrete example before you of how rapidly mother Abuakwa is being dismembered, I should like you to recall that about 98% of the land from Densu at Nsawam to Densuso (Apedwa) has been sold out absolutely and for all times……. Land to the left and right of Nsawam road to a distance of 10 to 25 miles on either side of the road have been sold out.
The same tale can be told of the Northern boundary of the state roundabout Asuom; and you are of course aware that the town of Oda ( Capital of the west Akim) and surroundings villages are situating on land sold by Akim Abuakwa.”
– source- ( An epistle of the educated young man of Akim Abuakwa, 1928) SEE PAGE 22 OF THE MIGRANT COCOA FARMERS OF SOUTHERN GHANA, A STUDY IN RURAL CAPITALISM by POLLY HILL.
- “the chief of Apapam would not subsequently have been in such a hurry to dispose of his southern land so cheaply and in such a vast parcels.” – source- (PAGE 158 OF THE MIGRANT COCOA FARMERS OF SOUTHERN GHANA, A STUDY IN RURAL CAPITALISM by POLLY HILL.
- “ The chief of Apapam in selling lands outright to migrant coach farmers and most of the large areas so alienated before or about 1914 were situated far away from Asamankese town, towards the southern boundaries of the area.” – source- PAGE 158 OF MIGRANT COACOA FARMERS OF SOUTHERN GHANA. A STUDY OF THE RURAL CAPITALISM by POLLY HILL
- “ As for availability of land in southern Akim Abuakwa, the position in 1918 was that the chiefs of Apapam and Apedwa had sold nearly all that they had ( other than the little retained by their own people), though much of the land that had been sold remained, as yet, unplanted with cocoa. – source – “ PAGE 235 OF THE MIGRANT COCOA FARMERS OF SOUTHERN GHANA. A STUDY IN RURAL CAPITALISM by POLLY HILL
From the above quotations which are always verifiable from the sources quoted and attached, it is unambiguously clear that almost all the lands belonging to mother Akim Abuakwa have been sold outright and for all times way back in 1928 with the exception of few ones on which the inheritance occupied.
Question
The question which keeps coming up and therefore needs to be addressed is, “were these sales sanctioned by the Omanhene ( the then Paramount Chiefs of Akim Abuakwa) or not?”
Answer
Answers to this all important question which is still valid today could be found in some of the famous rulings given by His Royal Highness the Late Sir Nana Ofori Atta ( I ) and state as follows:
“ To obtain an unimpeachable title to Stool Land in Akim Abuakwa, it is necessary first to acquire an option over the land from the chief of the town or village owing the stool by which such Land is immediately held and then obtain the sanction and approval of the Paramount Chief.” – source- Ref. to AKAN LAW AND CUSTOMS page 214
The Way Forward Under the Circumstance ( advice)
As development keeps catching up with the southern portion of the said stool lands and with just a few portion left, it is important that the current Paramount chief re-strategize in order to avoid unwarranted litigations. My little experience haven dealt with some of the land owners already reveals that, there has been several judgements mostly delivered by their predecessors ( The Late Sir Nana Ofori Atta) in favor of some of these purchasers and for that matter reinventing the wheels will be counter productive.
Rather, there need to be a diplomatic collaborations between the parties involved in order that there will be a win – win situation. Any attempt to forcefully collect lands from some of these people may lead to a state of anarchy and can hinder development within the said area ans potentially loss.of.human lives and properties and other precious resources.
Secondly I have observe with similar concern that some of the chiefs are still giving out the little lands left in their possession as FREE HOLD instead of say LEASE HOLDS. With all the due respect, kindly hold back both your RESIDUAL and REVERSAL INTEREST as supported by the law else posterity will judge you badly just as previous chiefs in the area are judged for their lack of foresight when selling the lands.
Land, I believe is the second most valuable asset after education anyone can leave for his or her children and the generation unborn. It is the sources of all the mineral resources, the food we grow and eat, the plants which take away the carbon Di- oxide (Co2) and replaces with the Oxygen ( O ) we need most during respiration. Most importantly, it holds the waters we drink and everything therein hence we must hold it with care when we are placed in positions of trust as Chiefs and Family heads and not to seek our personal interest. This is why land remains one of the few resources that keeps appreciating by the day in value and at a very fast pace
Conclusion:
Obviously most of those lands are gone for good if indeed these historical facts are something to go by. I believe in the authenticity of these facts and can say with absolute confidence that fighting over them is akin to wasting of one’s breath. There may be litigations but the law will always lean towards the one backed by the hard fact and in this case, it is not the way of Akim Abuakwa
There will continuously be litigations in an attempt to fight back especially now that infrastructural development seems to catch up the area. However, the only way out to succeed is to sit down with the people currently owning them and to enter into agreement that will benefit both parties in the short and long term so that this all important Kingdom will continue to exist and thrive .
Development is only possible where there is peace
Long live the King !!!
Long live the people therein !!!
Long live Ghana !!!
By Prof. Kofi Anokye… (C.E.O -GROUP KOANS)
( MBA, LLB, BSC)
