The Vice President of IMANI Africa and political analyst, Kofi Bentil, has stated that reclaiming state lands that were unlawfully sold is not only legally justifiable but also a necessary step that needs to be taken to save the state’s properties.
Speaking on Joy News’s Newsfile on Saturday, 8 March, Mr. Bentil stressed that individuals who possess such lands may have legitimate documentation, but the government still has the authority to rectify the unlawful sale and reclaim the land.
“He may have the defense that I didn’t steal the land, but the state can go in and say, No, somebody did something wrong for you to get this. Even if we have to compensate you, we may have to compensate you. But taking the land back is entirely lawful and proper,” he said.
Mr. Bentil emphasized the need to put an end to instances where individuals claim rightful ownership of state property simply because they allegedly acquired it through legitimate means, noting that the law must be enforced in such cases.
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Citing the case of the Parks and Gardens sale, Mr. Bentil explained that even when the state seeks to sell a property for the state’s benefit, the law clarifies that the sale should not be directed to a specific individual.
“Assuming that it is entirely true that we needed to sell that land to get Parks and Gardens equipment or whatever it is, the law says, do not give an instruction that it should be sold to Sampson. There is a law that says you put it on an auction and take the highest value for it.”
Mr. Bentil indicated that the politicians have created a loophole that enables them to buy state lands and other properties for themselves and for people within them without following the right process, stating that such actions violate constitutional provisions meant to protect state resources.
“Our politicians, outside the law, have developed systems that allow them to loot us,” he said.
He therefore advised President Mahama to create measures that will help prevent future unlawful sales of state resources.
“In four years, he can establish clear rules under Article 296, ensuring that no state resource, be it a car, land, or building, should be given to any private person except through a lawful process.”
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Mr. Bentil also warned that Ghana is at a risk of losing millions in revenue if this practice continues. He urged the government to implement strict legal laws that will permanently prevent politically exposed persons from buying state properties while they are still in office or have left office not long ago after leaving public service.
“Politicians should not enter office simply to amass wealth,” he concluded. “If you want to build wealth, go into the private sector. Public service should be about stewardship, not looting.”