Ghana’s Land Reform Revolution: No Public Land Allocation Without Prior Ministerial Approval

In a decisive move to curb systemic mismanagement, Ghana’s Minister for Lands and Natural Resources has cancelled thousands of unapproved public land transactions and introduced a comprehensive reform package. The new mandate, requiring all public land allocations to have prior written approval from the Minister, aims to restore transparency, ensure value for money, and protect state lands held in trust for the Ghanaian public. This article details the sweeping changes, their legal basis, and what they mean for applicants and the nation’s future.

Introduction: A New Era for State Land Administration

The administration of public lands in Ghana has undergone a seismic shift. On February 16, 2026, Minister Emmanuel Armah-Kofi Buah announced a series of radical reforms that fundamentally restructure how state-owned land is allocated, managed, and protected. At the heart of this overhaul is a simple but powerful directive: no public land shall be allotted without the prior written approval of the Minister for Lands and Natural Resources.

This policy directly addresses widespread allegations of irregular allocations, undervaluation of state assets, and a lack of accountability that have plagued the sector for years. The reforms, which follow a directive from President John Dramani Mahama in January 2025, represent the most significant intervention in Ghana’s public land management since the enactment of the Land Act, 2020 (Act 1036). They are framed as essential steps to fulfill the constitutional mandate that public lands are held by the President in trust for the people of Ghana and must be administered in the public interest.

Key Points: Summary of the 2025 Public Land Reforms

For a quick overview, here are the critical takeaways from the Minister’s announcement:

• Cancellation of Unapproved Transactions: All uncompleted public land lease applications and allocations from 2017-2024 that did not follow due process are officially cancelled.
• Case-by-Case Review: Completed transactions from the same period will be individually reviewed for compliance; non-compliant allocations will be revoked.
• Ministerial Veto Power: The Lands Commission cannot allocate any public land without explicit, prior written approval from the Minister.
• Major Premium Increase: A new minimum premium of 70% of the assessed market value must be paid upfront, a dramatic rise from historical rates of 1-30%.
• Unified Application Process: A revised, national Form 5 will be the sole application document, available online for digital submission.
• Public Data Disclosure: The government will publish reliable market value data for land clusters to ensure transparency and predictability.
• Enforcement Task Force: A new Public Land Protection Task Force will combat encroachment and unauthorized developments during the transition.
• Ban Lifted with Conditions: The previous suspension on all land services (leasing, processing, regularization) is lifted, but all activities must comply with the new rules.

Background: The Genesis of the Crisis and the Resetting Agenda

The Presidential Directive and Committee Inception

The current reform process was triggered by a presidential directive. On January 10, 2025, President John Dramani Mahama ordered the Lands Commission to immediately halt all actions on the processing and leasing of public lands. The stated goals were to safeguard these assets from abuse, restore discipline in land administration, and ensure that all transactions deliver genuine value for money to the State.

In response, a Ministerial Committee, chaired by the Deputy Minister for Lands and Natural Resources, was inaugurated on June 5, 2025. Its mandate was to review all lease programs—both completed and pending—initiated between 2017 and 2024 across Ghana’s 16 regions, in line with the Government’s broader “Resetting Agenda.” This agenda seeks to reform institutions, enforce rules, and reset the nation’s developmental trajectory.

Scale of the Review: The Numbers

The committee conducted an exhaustive audit, reviewing a total of 8,160 lease programs. The breakdown reveals the full scope of the transactional landscape:

• 4,176 Direct Allocations
• 2,799 Regularizations (formalizing existing occupations)
• 19 Direct Allocations specifically for State Bungalows
• 108 Land Swap or Public-Private Partnership (PPP) arrangements
• 795 Subsequent Transactions (e.g., assignments, sub-leases)
• 263 Fresh Allocations

The review’s findings were stark: a significant portion of these allocations failed to fully comply with the Lands Commission’s internal procedures and statutory requirements. This non-compliance created a system ripe for discretionary decision-making, opacity, and potential corruption, undermining public trust and national asset value.

Analysis: Deconstructing the Six-Pillar Reform Framework

Based on the Committee’s recommendations, Cabinet has approved and directed the immediate implementation of a multi-faceted reform framework. The Minister outlined six primary pillars:

1. Immediate Cancellations and Rigorous Review

The first pillar involves direct corrective action:

• Uncompleted Transactions: All applications and allocations not finalized are cancelled. Affected applicants will receive formal notification.
• Completed Transactions: Every finalized deal from the review period will undergo a rigorous, case-by-case assessment. The Minister clarified: “a transaction will be treated as completed where a formal offer has been issued and accepted by the applicant.” Any allocation found to have been processed without full compliance will be cancelled.
• Regularization Suspension: All pending regularization programs remain on hold until a new, standardized procedure is established.

For transparency, both the lists of completed transactions under review and the cancelled uncompleted applications will be published region-by-region, starting with Greater Accra, on the Ministry and Lands Commission websites.

2. Revision of the Public Land Application Form (Form 5)

A key flaw identified was the inconsistent application and interpretation of the standard application form (Form 5) across different regional offices, leading to arbitrary practices. The Ministry has now produced a single, revised national Form 5. This form will be the exclusive application document for all public land leases. It will be published online and made available for electronic submission, standardizing the process and reducing human discretion at the entry point.

3. Overhaul of Internal Allocation Processes

The internal operating procedures of the Lands Commission have been comprehensively reviewed to eliminate inconsistencies and strengthen internal checks and balances. The most critical change is the institutionalization of ministerial oversight. The revised framework explicitly states: “no public land will be allocated by the Lands Commission without the prior written approval of the Minister for Lands and Natural Resources.” This centralizes ultimate accountability at the political head level, creating a clear audit trail and a final safeguard against unauthorized or irregular allocations.

4. Legislative Backing for Sustainability

To prevent a reversion to old, opaque practices, the new standardized application form and internal procedures will be codified into a draft Land Regulation currently under review. This regulatory instrument will provide the statutory force needed to make these reforms permanent and legally binding on all future Commissions and Ministers.

5. The New 70% Premium Framework

This is arguably the most financially significant reform. Historically, premiums for public land leases (the upfront payment for the leasehold interest) ranged from a mere 1% to 30% of the property’s market value. This systematic undervaluation represented a massive, ongoing loss of revenue to the state and failed to reflect the true asset value of public land.

The new framework mandates that a minimum of 70% of the assessed market value must be paid as an upfront premium. The remaining 30% will be structured as ground rent over the lease tenure. This aligns with standard commercial real estate practices and ensures the state receives fair compensation for the alienation of its assets.

The Minister also invoked Section 235(4) of the Land Act, 2020 (Act 1036), to remind all state institutions that any allocation of public land confers only a leasehold interest (a right to use the land for a specified period). It does not confer freehold ownership, and crucially, any subsequent transaction (sale, assignment, mortgage) involving that leasehold still requires prior written approval from the Minister. This closes a major loophole that allowed speculative flipping of undervalued public leases.

6. Publication of Market Value Data and Establishment of a Task Force

Transparency through Data: To make the new premium framework objective and predictable, the Ministry and Lands Commission will compile and publish reliable market value data for defined land clusters (e.g., residential areas in Accra, commercial zones in Kumasi) nationwide. This database will serve as the official reference point for all valuation and premium assessments, removing guesswork and regional bias.

Public Land Protection Task Force: A special task force will be operational during the reform transition period. Comprising personnel from the Ministry of Lands, Ministry of Works, Housing and Water Resources, the Lands Commission, Ghana Police Service, and allied security agencies, its mandate is to physically protect public lands. It will combat encroachment, halt unauthorized developments on lands under review, and secure sites to prevent further dissipation of the asset base.

Practical Advice: What This Means for Applicants and the Public

For Previous Applicants and Allottees

• Check Official Publications: If you had an application between 2017-2024, monitor the regional lists to be published on the Ministry (mlnr.gov.gh) and Lands Commission websites.
• Uncompleted Applications: If your application is listed as cancelled, you are not barred from reapplying under the new regime. You will need to submit a fresh application using the new national Form 5.
• Completed Allocations: If your lease is under review, be prepared to demonstrate full procedural compliance. If your allocation is cancelled due to non-compliance, you may also reapply, but the state may reclaim the land.
• Understand the New Cost: Any new allocation will require a minimum 70% upfront premium based on published market values. Budget accordingly.

For Prospective New Applicants

• Use Only the New Form 5: Ensure you download the latest, official form from the government websites. Do not rely on old forms or verbal instructions from regional offices.
• Digital Submission: Prepare for online submission as the process becomes digitized.
• Verify Land Status: Before applying, confirm the land is genuinely designated as public land and available for lease through official channels.
• Seek Professional Advice: Given the higher financial stakes (70% premium), consider consulting a qualified land economist or valuer to understand the likely assessed value.

For Civil Society and the General Public

• Monitor the Process: The publication of regional lists and market value data is a critical accountability tool. Scrutinize them for consistency and fairness.
• Report Encroachment: Use official channels to report any illegal construction or occupation of public lands (school compounds, government reserved areas, unallocated state lands).
• Understand the Trust Principle: These reforms are grounded in the constitutional principle that public land is held in trust for all Ghanaians, not for the benefit of a connected few. Advocacy for their strict implementation is advocacy for national development and equity.

FAQ: Frequently Asked Questions on the Land Reforms

Q1: Does this mean all land allocations from 2017-2024 are cancelled?

A: No. The cancellation applies specifically to uncompleted transactions that did not follow due process. Completed transactions are being reviewed individually. Only those found non-compliant after review will be cancelled. Legitimately completed and compliant allocations remain valid.

Q2: What is the definition of “prior written approval of the Minister”?

A: It means the Lands Commission cannot issue a formal letter of offer or execute a lease for any public land without first obtaining a specific, documented authorization from the Minister for Lands and Natural Resources. This approval must be on record before any transaction proceeds.

Q3: How is the “assessed market value” determined?

A: The value will be based on the newly compiled and published market value data for specific land clusters. This data will be derived from recent, comparable open-market transactions. The goal is to create an objective, transparent, and publicly verifiable valuation system, moving away from discretionary or depressed valuations.

Q4: Can I still regularize my occupancy of public land?

A: All regularization programs are currently suspended. Once a new, standardized regularization procedure is developed as part of the reforms, eligible occupants may be invited to apply under those new terms, which will include the 70% premium requirement.

Q5: What happens if I already have a lease but want to sell or assign it?

A: Under Section 235(4) of Act 1036, your leasehold interest is subject to the state’s ultimate interest. Any assignment, sub-lease, or transfer requires prior written approval from the Minister. The new reforms reinforce this requirement. You cannot sell your lease without this approval.

Q6: Is the 70% premium the total cost?

A: No. The 70% is the upfront premium paid at the beginning of the lease. The remaining 30% of the market value will be paid as ground rent periodically (e.g., annually) over the lease term. Other standard fees (application, processing, stamp duty) may