Article 257 -- Public Lands

(1)

All public lands in Ghana shall be vested in the President on behalf of, and in trust for, the people of Ghana.

(2)

For the purposes of this article, and subject to clause (3) of this article, ``public lands'' includes any land which, immediately before the coming into force of this Constitution, was vested in the Government of Ghana on behalf of, and in trust for, the people of Ghana for the public service of Ghana, and any other land acquired in the public interest, for the purposes of the Government of Ghana before, on or after that date.

(3)

For the avoidance of doubt, it is hereby declared that all lands in the Northern, Upper East and Upper West Regions of Ghana which immediately before the coming into force of this Constitution were vested in the Government of Ghana are not public lands within the meaning of clauses (1) and (2) of this article.

(4)

Subject to the provisions of this Constitution, all lands referred to in clause (3) of this article shall vest in any person who was the owner of the land before the vesting, or in the appropriate skin without further assurance than this clause.

(5)

Clauses (3) and (4) of this article shall be without prejudice to the vesting by the Government in itself of any land which is required in the public interest for public purposes.

(6)

Every mineral in its natural state in, under or upon any land in Ghana, rivers, streams, water courses throughout Ghana, the exclusive economic zone and any area covered by the territorial sea or continental shelf is the property of the Republic of Ghana and shall be vested in the President on behalf of, and in trust for the people of Ghana.

NOTES:


1.) Article 257(6) vests minerals in the President in trust for the people of Ghana. (It has been held that this is not the of equitable trust which can be enforced in a court. Adjaye v. Attorney Gen., Suit No. C144/94 (JAD: need to find out which court this is from!).) It seems that Ollennu's description of land ownership would include mineral rights. ^2.3 Whether that is true or not, the Aritlce 257(6) means that ownership of the soil is separate from the right to harvest the minerals beneath it.

Footnotes

... rights.^2.3

See supra note 1 and accompanying text.