Peki-Wudome citizens file motion against Attorney-General

Thirty-two citizens of Peki-Wudome in the Kpando District on Monday filed a motion for interlocutory injunction against the Attorney-General and four others in respect of the Agbate Settlement Farm Land.

The motion, which was filed on behalf of the plaintiffs by Mr. Kofi Asare and Mr Jonathan Goli both citizens named the Land Valuation Board, Land Commission, Ministry of Food and Agriculture (MOFA) and Equitorial Ventures Limited (EVL), the investors as the others.

Arguing the motion, counsel for the plaintiffs, Mr Dick Anyadi said steps so far taken by the defendants, state agencies to turn-over the land to EVL contravened Article 20 clauses five and six of the 1992 Constitution.

According to clause five of the Article, "Any property compulsorily taken possession of or acquired in the public interest or for public purpose shall be used only in the public interest or for the public purpose for which it was acquired."

Clause six states that, "Where the property is not used in the public interest or for the purpose for which it was acquired the owner of the property immediately before the compulsory acquisition shall be given the first option for acquiring the property and shall on such re-acquisition refund whose or part of the compensation paid to him as provided by law or such other amount as is commensurate with the value of the property at the time of the re-acquisition."

Mr Anyadi argued that the Agbate Settlement Farm Lands, which were compulsorily acquired by Executive Instrument (EI) 12 in 1975 for the Ghana-German Settlement Farm project became defunct for several years as admitted in a letter from the Volta Regional Director of MOFA.

Counsel said though compensation was paid to the land owners, the original purpose for which the land was acquired no longer applied, for which reason government ought to give to the land owners the first option to re-acquire it instead of turning it over to EVL.

Mr Anyadi contended that the German government agent, which managed the farm under the original acquisition acted in public interest as its aim was to impart modern methods of farming to the farmers.

He said on the contrary the purpose of EVL was for profit and not public interest. Counsel said government acted in bad faith by turning-over the land to EVL in spite of the letter written by the plaintiffs indicating their interest in relation to the new arrangements with EVL, which has already been allowed to enter the land with equipment in addition to repairing of broken down equipment and construction of buildings.

Mr Anyadi said the plaintiffs would suffer great hardships if EVL is allowed to operate on the land and the plaintiffs should in future win their case. He contended that the land belonged to individuals and families of Peki-Wudome and are not stool lands or owned by groups of people from Peki who purport to represent the interest of Peki.

Mr Felix Nyalete, Principal State Attorney argued that following the publication of EI 12, the Agbate Settlement Farm Lands was vested in the President and "free from any encumbrance whatsoever in accordance with section one sub-section three of the State Land Act of 1962 Act 125."

Mr Nyalete contended that the purpose for which the Agbate Settlement Farm Lands was to be used by EVL is in public interest as the original purpose for the practice of modern farming. He said plaintiffs would not suffer from the arrangement of EVL because compensation was paid on the land.

He said on the contrary EVL stood to loose a great deal if the injunction is granted. Counsel for EVL, Mr Toney Essiedu associated himself with the submissions of the State Attorney. He said plaintiffs cannot admit to receiving compensation only to complain in 2002, saying, "you don't eat your cake and have it."

Mr Essiedu said the intended activities of EVL on the land was to give effect to the government's avowed policy of its "golden age of business," which is in the public interest as it would create jobs for people in the area.

The court, presided over by Mr. Justice Paul K. Gyaesayor, adjourned hearing to February 28, this year, to enable Mrs Felicia Otchere-Darko, Chief State Attorney in-charge of Volta Region to file an affidavit on behalf of the defendants.