Article 267 -- Stool and Skin Lands and Property

(1)

All stool lands in Ghana shall vest in the appropriate stool on behalf of, and in trust for the subjects of the stool in accordance with customary law and usage.

(2)

There shall be established the Office of the Administrator of Stool Lands which shall be responsible for -

(a)

the establishment of a stool land account for each stool into which shall be paid all rents, dues, royalties, revenues or other payments whether in the nature of income or capital from the stool lands;

(b)

the collection of all such rents, dues, royalties, revenues or other payments whether in the nature of income or capital, and to account for them to the beneficiaries specified in clause (6) of this article; and

(c)

the disbursement of such revenues as may be determined in accordance with clause (6) of this article.

(3)

There shall be no disposition or development of any stool land unless the Regional Lands Commission of the region in which the land is situated has certified that the disposition or development is consistent with the development plan drawn up or approved by the planning authority for the area concerned.

(4)

Where the Regional Lands Commission fails or refuses to give the consent and concurrence under clause (3) of this article, a person aggrieved by the failure or refusal may appeal to the High Court.

(5)

Subject to the provisions of this Constitution, no interest in, or right over, any stool land in Ghana shall be created which vests in any person or body of persons a freehold interest howsoever described.

(6)

Ten percent of the revenue accruing from stool lands shall be paid to the office of the Administrator of Stool Lands to cover administrative expenses; and the remaining revenue shall be disbursed in the following proportions--

(a)

twenty-five percent to the stool through the traditional authority for the maintenance of the stool in keeping with its status;

(b)

twenty percent to the traditional authority; and

(c)

fifty-five percent to the District Assembly, within the area of authority of which the stool lands are situated.

(7)

The Administrator of Stool Lands and the Regional Lands Commission shall consult with the stools and other traditional authorities in all matters relating to the administration and development of stool land and shall make available to them all relevant information and data.

(8)

The Lands Commission and the Administrator of Stool lands shall coordinate with all relevant public agencies and traditional authorities and stools in preparing a policy framework of the rational and productive development and management of stool lands.

(9)

Parliament may provide for the establishment of Regional branches of the office of the Administrator of Stool Lands to perform, subject to the directions of the Administrator of Stool Lands, the functions of the Administrator in the region concerned.

NOTES:


1.) Article 267(5) prohibits the creation of ``a freehold interest howsoever described'' in stool land. As in Article 266(1), does use of the word ``freehold'' mean that allodial title can be transfered by a stool? Would transfer of the allodial title imply creation of a freehold (that is, does allodial ownership include, as a constituent part, ownership of a freehold, so that transfer of allodial title involves transfer of a freehold -- maybe at least where no other freehold exists (e.g., on vacant stool land))?

What about the use of the words ``howsoever described'' in Article 267(5). These words are not present, for example, in Article 266. Does the difference bear on the alienability of the allodial title?

B.J. da Rocha poses the above question in his book Ghana Land Law and Conveyancing.^2.5 He asserts that in any case, sale of the allodial title by a stool would require the consent of the Lands Commission.^2.6 He suggests that such consent would likely not be granted, so that as a practical matter the question is moot.^2.7

2.) Given da Rocha's point about the consent of the Lands Commission in alienation of stool lands, what is the purpose of Article 267(5)? Is it aimed at restraining the behavior of the stools (i.e., restraining private parties by ensuring that stools do not give away land), or is it aimed at restraining the behavior of the Lands Commission (i.e., restraining the government by providing that the Lands Commission must not consent to grants of freehold over stool land)?

Footnotes

... Conveyancing.^2.5

DA ROCHA, supra note 10 at 4.

... Commission.^2.6

Id.

... moot.^2.7

See id.