Article 266 -- Ownership of land by Non-Citizens

(1)

No interest in, or right over, any land in Ghana shall be created which vests in a person who is not a citizen of Ghana a freehold interest in any land in Ghana.

(2)

An agreement, deed or conveyance of whatever nature, which seeks, contrary to clause (1) of this article, to confer on a person who is not a citizen of Ghana any freehold interest in, or rights over, any land is void.

(3)

Where, on the twenty-second day of August 1969, any person not being a citizen of Ghana had a freehold interest in or right over any land in Ghana, that interest or right shall be deemed to be a leasehold interest for a period of fifty years at a peppercorn rent commencing from the twenty-second day of August 1969, and the freehold reversionary interest in any such land shall vest in the President on behalf of, and in trust for, the people of Ghana.

(4)

No interest in, or right over, any land in Ghana shall be created which vests in a person who is not a citizen of Ghana a leasehold for a term of more than fifty years at any one time.

(5)

Where on the twenty-second day of August 1969 any person not being a citizen of Ghana had a leasehold interest in, or right over, any land in Ghana for an unexpired period of more than fifty years, that interest in, or right over, any such land shall be deemed to be an interest or right subsisting for a period of fifty years commencing from the twenty-second day of August 1969.

NOTES:


1.) Article 266(1) prohibits the vesting of a ``freehold'' interest in a non-citizen. Why is the word ``freehold'' used? Does this mean that an allodial interest can be transfered to a non-citizen? (A similar question arises in terms of Article 267(5) below.) The term ``freehold'' is not defined in Article 295 of the Constitution, which deals with interpretation. The Land Title Registration Law, mentioned above, does use the word ``freehold'' as distinct from the allodial interest.^2.4 P.N.D.C.L. 152 was in force when the constitution was enacted. Does this mean that its provisions should be used to help interpret the word ``freehold'' in the Article 266(1)?

2.) Article 266(3) vests the ``freehold reversionary interest'' in the president in cases where non-citizens had freeholds before August 22, 1969. In 2019, the President will get the benefit of these reversionary interests. What does this mean? This ``freehold reversionary interest'' sounds like what the holder of allodial title would have in stool land where a subject holds a customary freehold. Is this clause giving allodial title to the President, as well as terminating the freeholds held by non-citizens? Regardless of the fine points of terminology, is it likely that the stools or skins who held allodial title to lands affected by Article 266 will try to get the lands back when the leaseholds end in 2019? What arguments could they use to do so? Should they win?

Footnotes

... interest.^2.4

Land Title Registration Law, 1986 (P.N.D.C.L. 152), § 19.