‘Re-zoning Achimota Forest’ : E.I. 144 has no legal basis, disregard it – Haruna Iddrisu
The said E.I. 144 which seeks to change the use or re-zone the Achimota Forest, which is a public space, is in breach of the Land Use and Spatial Planning Act, 2016 (Act 925).
The Minority leader in Parliament, Haruna Iddrisu has described Executive Instrument 144, the Forests (Cessation of Forest Reserve) Instrument, 2022 issued by the command of the president and signed by the Minister of Lands and Natural Resources as having no legal basis.
According to him, the said E.I. 144 which seeks to change the use or re-zone the Achimota Forest, which is a public space, is in breach of the Land Use and Spatial Planning Act, 2016 (Act 925).
He notes that according to section 90(1) of Act 925; “Where a provision of this Act is in conflict with any other enactment relating to land use, the provision of this Act shall prevail.”
In a statement, Mr. Iddrisu further noted that such a re-zoning attempt by the Government should have been subjected to an approval by Parliament.
“Section 93(4) of Act 925 which relates to the change or use or re-zoning of a public space, states unequivocally that: “the change of use or re-zoning of a public space shall be subjected to approval by Parliament.”
Additionally, the statement indicates that per Article 257(1) of the Constitution 1992, the president holds public lands in trust thus required to comply with the laws of Ghana.
Moreover, the Minority notes that; “It is remarkable that the President seeks conveniently to use provisions in an outdated colonial law, while disregarding current law, to dispose of parts of the Achimota Forest Reserve against the will and interest of the Ghanaian people. This is clearly an abuse of trust.”
They are therefore calling on President Akufo-Addo to “do what is right and
proper by respecting the provisions in the Land Use and Spatial Planning Act, 2016
(Act 925) and the letter and spirit of the 1992 Constitution of actually holding public lands on behalf of, and in trust for, the people of Ghana. It would be in the President’s own interest and the interest of his Government simply to revoke the E.I. 144 instead of, once again, showing contempt for the laws of Ghana and the interest of the Ghanaian people.”
Above all, the Minority leader is calling for the appointment of an Independent Commission of Inquiry to look into the Achimota Forest land saga.
“We call on the President, H. E. Nana Addo Dankwa Akufo-Addo to, in accordance with Article 278 of the 1992 Constitution, appoint an Independent Commission of Inquiry into all the matters relating to the Achimota Forest land saga.”
