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Public Lands Must Be Controlled by Lands Commission: Dr. Godwin Djokoto’s Proposal

In a recent interview on JoyNews’ The Law, Dr. Godwin Djokoto, a Senior Lecturer at the University of Ghana School of Law and a member of the Constitutional Review Committee (CRC) 2025, presented a compelling argument for the reform of Ghana’s land administration system. His central thesis is that public lands should be vested directly in the people of Ghana and managed professionally by the Lands Commission, rather than being held in trust by the President. This article explores the details of this proposal, its constitutional basis, and the practical implications for land governance in Ghana.

Introduction

Land administration is a critical component of national development, economic stability, and social justice. In Ghana, the management of public lands has long been a subject of intense debate, often centered on issues of transparency, accountability, and efficient utilization. Dr. Godwin Djokoto’s recent commentary introduces a nuanced perspective that seeks to align legal ownership with republican principles while ensuring professional management. By shifting the custodial role from the executive branch (the President) to a specialized statutory body (the Lands Commission), this proposal aims to foster a system where public lands truly serve the public interest.

Key Points

Background

To understand the significance of Dr. Djokoto’s proposal, it is essential to examine the current legal framework governing public lands in Ghana.

The Current Constitutional Framework

Under the current Constitution of Ghana (1992), specifically Article 257(1), public lands are vested in the President on behalf of, and in trust for, the people of Ghana. The President holds these lands for the public good, delegating administrative functions to the Lands Commission (established under the Lands Commission Act, 2008 (Act 767)). While the Lands Commission handles the day-to-day management—including surveying, valuation, and registration—the ultimate custodianship lies with the executive.

The Republican Principle

Dr. Djokoto’s argument is rooted in the philosophy of republicanism. In a republic, sovereignty rests with the people. The current system, where the President acts as a trustee, creates a layer of separation between the citizens and their resources. Dr. Djokoto argues that this is a contradiction: “In a republican state where we say that all powers of the state emanate from the people, we are the same people we are talking about.” By vesting the land directly in the people, the legal reality matches the political philosophy of the state.

Analysis

The proposal to shift custodianship from the President to the Lands Commission, while maintaining the ownership of the people, offers several theoretical and practical advantages.

Separation of Powers and Political Influence

Vesting public lands in the President places significant power in the hands of the executive. This concentration of power can lead to potential conflicts of interest, particularly regarding land sales, leases, and allocations. By transferring the custodial role to the Lands Commission—a technical body composed of professionals—the system moves away from political discretion toward technical and legal administration. This aligns with best practices in public administration, where specialized agencies manage specific resources to ensure objectivity.

Strengthening the Role of the Auditor-General

Dr. Djokoto emphasizes the critical role of the Auditor-General in this new framework. Currently, the Auditor-General audits public accounts, but specific scrutiny of land transactions is vital. The proposal suggests that the Auditor-General should not only audit financial records but also verify the physical existence and proper valuation of public lands. This dual role ensures that every transaction—whether a sale, assignment, or lease—is scrutinized for compliance and financial prudence.

The Mechanism of Nullification

A significant aspect of the proposal is the “power of nullification.” Dr. Djokoto suggests that if a land transaction fails to meet the required standards of transparency or value, it should be declared void. This serves as a strong deterrent against corrupt practices and mismanagement. It creates a legal safety net that protects public assets from undervaluation or unauthorized disposal.

Practical Advice

For this proposal to be effectively implemented, several practical steps and considerations must be taken into account.

Legislative Amendments

Implementing Dr. Djokoto’s vision would require a review of the 1992 Constitution, specifically Article 257. This is a complex legal process that involves a referendum or a supermajority in Parliament. Additionally, the Lands Commission Act and the Public Procurement Act may need amendments to explicitly grant the Commission custodial authority and the Auditor-General expanded powers over land assets.

Digitization and Record Keeping

Effective management of public lands relies on accurate data. The Lands Commission must invest heavily in Geographic Information Systems (GIS) and digital record-keeping. Dr. Djokoto’s call for the Auditor-General to “maintain a correct record” implies that a centralized, accessible database of all public lands is necessary. This reduces the risk of encroachment and “missing” state lands.

Capacity Building

The Lands Commission must be adequately resourced to handle the expanded mandate. This includes training surveyors, valuers, and legal administrators to manage lands with the highest level of professionalism. Without adequate funding and staffing, the Commission may struggle to fulfill its custodial duties effectively.

Public Education and Participation

Since the lands would be vested in the people, public education is crucial. Citizens should understand their rights regarding public lands and the mechanisms for reporting mismanagement. Transparency portals could be established where the public can view records of land transactions, ensuring democratic oversight.

FAQ

Conclusion

Dr. Godwin Djokoto’s proposal offers a transformative vision for land administration in Ghana. By vesting public lands directly in the people and empowering the Lands Commission for professional management, the system can achieve greater transparency, accountability, and efficiency. The inclusion of the Auditor-General as a watchdog with nullification powers adds a robust layer of oversight. While the implementation would require significant constitutional and legislative efforts, the potential benefits—curbing mismanagement and restoring public trust—make it a worthy subject of national discourse. As Ghana continues to develop, ensuring that its land resources are managed for the collective good remains a paramount objective.