The Nungua Stool in the Greater Accra Region, has called on the Mahama government to act proactively to avert an impending clash waiting to happen between the people of Teshie and Nungua, two fishing communities who are also neighbours.
The Stool wants prevention of communal conflicts, clashes, loss of properties and lives, uneasily calm as happened in parts of the country.
They are demanding the setting up of a Committee of Enquiry to investigate the true owners of lands at Nmai Djor, suburb of Accra which have become a subject of controversy and litigation in court.
“So now this is the matter. Teshie is claiming, we are also claiming. They claim they have judgments. We also have judgments. That’s why we are appealing. For the records to be set straight, everybody should know what it is. So if government comes in to set up a committee of enquiry, we will know the actual owners”, Oblantai Mantse/ Kyedom of the Nungua Traditional Area, Nii Bortey Okplon Dzalesane II pleaded.
It has also issued a stern and final warning to Trassaco, a real estate developer and it partner in land acquisition, the Okpelor Sowah Din Family of Teshie, to desist from sponsoring land guards, shooting, on the disputed lands.
“To the Okpelor Sowah Din Family: This press release serves as a final notice to cease and desist all unlawful activities on Nungua Stool lands. The Nungua Stool will not hesitate to pursue the full rigours of the law, including criminal prosecution for fraud and contempt of court, to protect its property”, the Stool has said.
The desperate call and warning follows a recent unlawful encroachment, shooting incident and defiance of court order by Trassaco and the Okpelor Sowah Din Family, who say they are the owners of the lands and have sold portions to the developer.
While commending the Police for their swift intervention during last Saturday’s shooting incident, imploring the security agencies and the Regional Security Council (REGSEC), to work harder to restore law as the situation in the area continues to remains volatile.
“In view of the shooting incident, the presence of armed land guards, and the rising tension in the area, the Nungua Stool calls on all security agencies, particularly the Ghana Police Service, National Security, and REGSEC, to immediately intervene to restore law and order at Nmai Djor and maintain peace until the matter is finally determined by the courts”, Nungua-Nkpor Mantse, Nii Borteyfio Bortekwei Afadi-Nsuro I, has said.
According to the Stool, certain political actors, elements within the security agencies especially the national security and police service, are shielding or emboldening the alleged perpetrators, to not only encourage open defiance of ongoing court processes, but helping Trassaco and the Okpelor Sowah Din Family, to illegally possess what does not belong to them.
The operatives of the National Security and Police allegedly, are heavily armed stationed on the land warding off true owners.
At a media briefing on Tuesday, January 13, the Stool said in as much as they are not afraid of the people of Teshie and are equal to the war drums their opponents are beating, they are law abiding citizens who do not want to be caught up in any confusion and chaos with their brothers and sisters.
The Stool said it was compelled to address the media due to the persistent false claims, encroachments, and illegal sales of parcels of land within the territory of the Nungua Stool by the Okpelor Sowah Din Family of Teshie, who trace their root of title to the Nuumo Nmashie Family of Teshie.
It said what the Okpelor Sowah Din Family and Trassaco are engaged in is unlawful arguing strongly that, the land they are forcefully occupying on does not belong to them, boldly pointing out that the lands of Teshie does not extend beyond the Tema Railway lines.
The lands, they maintained, originally belong to their ancestors from Nungua and court documents including those from the Supreme Court, have always proved this.
While showing and reading out voluminous court judgments and rulings as evidence of their true ownership, the Stool said as peaceful group they want the government to intervene so that a final conclusion can be arrived at while lives and properties are saved.
The chiefs ndicated that presently, there is a pending stay of execution and appeal against the two, in the court of competent jurisdiction pointing out that any entry, development or sale of the land amount to contempt of court.
“The Nungua Stool hereby reiterates, for the avoidance of doubt that, there is a pending stay of execution and appeal against the parties in the re Ashalley Botwe case (suit no:L/2970/1993) and other multiple legal suits by grantees of the Nungua stool against the Okpelor Sowah Din family. The stool wants it known to state agencies and political actors to allow legalities to take its course.
Any entry upon, development of, sale of, or interference with the land while this matter is before the court is a clear affront to judicial authority and constitute CONTEMPT OF COURT, for which the law prescribes serious sanctions.
The continued activities of Trassaco and the Okpelor Sowah Din Family on the land, despite full knowledge of the pending proceedings, represent a deliberate attempt to overreach the court and undermine the administration of justice”.
One after the other, speakers read out judgements especially from the apex court which read Nii Daniel Marley Nai vs. Katamanso Stool & the Lands Commission (2023).
This judgment reaffirmed the ancient and historical boundaries of the Nungua Stool Lands as established in the colonial days. The court expressly affirmed and relied on the 1892 judgment of Chief Justice Hutchinson of the Gold COAST Supreme Court. The Stool maintained that, that 1892 ruling definitely reinforces the centuries old ownership of the Nungua Stool over its territories, leaving no room for doubt.
There was also the one concerning the boundary between Nungua and Teshie: Supreme Court judgment: Empire Builders Ltd Vs. Topkins Enterprises Ltd and others (2020).
In that significant case, the court conclusively determined ownership of a vast tract of land, including a 456-acre area and the larger Nmai Djor area, affirming that the land belongs to the Nungua Stool and not to any Teshie family on December 16, 2020.
The judgment upheld findings of the lower courts that the Nungua Stool is the allodia owner of the land, a judgment the Stool says directly repudiates claims by the Nuumo Nmashie Family (the root of the Okpelor Sowah Din Family). To lands in the geographical area. It established that the Nungua Stool was the paramount title over the area.
The court documents went on to mention the Yehans International Ltd vs. Martey Tsuru Family & Another (J4/34/2018) [2018], final judicial rebuke of the Nuumo Nmashie Family’s expansive claims Case: Boi Stool & Others vs. Daniel Addoquaye & Others (Civil Appeal No. 34/13/2020, Judgment on 22nd March 2023).
In the opinion of the chiefs, the collective weight of these Supreme Court and High Court judgments leaves no legal or factual basis for the Okpelor Sowah Din Family of Teshie to claim, sell, or allocate any land Nmai Dzor. Indicating that “Their claims are spurious, historically inaccurate, and judicially repudiated”.
They warned the general public and prospective land buyers to be extremely cautious when purchasing land properties and documents from the Okpelor Sowah Din Family when it comes to Nmai Djor lands as they are worthless and “will lead to costly litigation and loss of your investment. The only valid title emanates from the Nungua Stool”.
Turning their guns on the Family, the traditional rulers noted that “This press release serves as a final notice to cease and desist all unlawful activities on Nungua Stool lands. The Nungua Stool will not hesitate to pursue the full rigours of the law, including criminal prosecution for fraud and contempt of court, to protect its property”.
They insisted that land disputes must be resolved through lawful adjudication not through force, intimidation, or political influence.
The Nungua Stool assured that it remains committed to peace, lawful development, and the supremacy of the rule of law and will pursue all appropriate legal remedies to protect its lands and the safety of its people.
A former Regional Minister, Nii Laryea Afotey Agbor, asked the government not to disappoint the people of Nungua but decisively see to the finality of the matter.
The politician turned traditional ruler and one time Member of Parliament (MP) called out political actors and appointees for looking on as the issues degenerate.
“Those appointed by the president into positions that the people look up to for their comfort, their reliefs, their economic issues and everything. The moment the appointees of government sleep, the people will be agitated and they will be jittery. The people will feel so disappointed in their regime.
And I want to sound all those who have been appointed into positions, I know many of them who are doing their work very excellent. They are doing their work very perfect. And I will applaud the president for that. But those who think they have been given a piece to handle, those who think they have been allowed to occupy a position and they think they can just do anything anyhow, I’m saying it and I will say it all the time, that I’ve been in that position before. And I dealt with issues as if I don’t even belong to my family.
And as I speak now, I’m saying it again, that we came out of office, and I’m still enjoying my life because I never hurt anyone wrongly. So what I’m saying is that we should just be mindful and careful as appointees of government so that one day, we will always be walking on the streets of Accra and Ghana without any fear of anything or for anyone”.
The former Minister tasked appointees especially those from the region to be bold and act swiftly to ensure the region is safe and calm. He was particularly concerned that, even though the likes of him are alive, they are not consulted when things are not shaping up the way it should.
He urged leadership not to take sides or be biased in the issue but ensure the truth spoken no matter whose ox is gored.
The former Kpone-Katamanso constituency MP recalled how he held the region together as a minister and charged those have come after him to consult if the need be to keep the region together.
“Please, people should do the right thing so that they will not end up destroying the good work of the president because power and positions are not possession. One day, you’ll get out of that position and you must be able to live with people for free. This is an advice I want to give to some appointees of government so that when they don’t or if they are finding it very difficult to take some decisions, they will resort to those who have been in those positions before so that the right thing will always be done for Ghanaians not to regret of voting for us to come into office”.
The elders expressed disquiet about attacks on one Benjamin Danso, who the traditional rulers say he is being scorned by opponents. According to the chiefs, Danso who is the Constituency chairman of the National Democratic Congress (NDC) has done no wrong indicating that all he has sought to do is to rightly defend the Stool and what belongs to it.
“So much badmouthing has been going on around our brother and our son Benjamin Danso. I don’t see what that means. We have judgments and Danso is saying that Nungua has judgment. Why did Danso go wrong? So why the badmouthing? Why is the chastising? I don’t get that part. Please, Danso is a fine gentleman and we are proud to have him as a son. If your father has a judgment and you say my father has a judgment, I don’t think you’ve gone wrong. So please, count him out and let him live his life as peaceful as it is”, one chief said.
By Gifty Boateng