A fresh confrontation has erupted between the Tema Metropolitan Assembly (TMA) and the Tema Development Company Limited (TDC) over development control and planning authority in the Tema metropolis following the demolition of portions of a TDC development project at Tema Community 1, Site 3.

The demolition, carried out by the TMA Task Force on Wednesday, August 12, 2026, has reignited a long-standing dispute between the two government-related institutions over permits, development control, and land management within the Tema Acquisition Area.

The Assembly said the site had been reserved for a community playground and other public facilities, while insisting that developments within the metropolis must comply with statutory permit requirements and local urban management regulations.

The Metropolitan Chief Executive of Tema, Ebi Bright, has insisted that TDC has no planning or regulatory authority over physical development in Tema and must obtain approval from the TMA.

According to her, the planning authority for developments within the metropolis rests exclusively with the Metropolitan Assembly under Ghana’s local governance and planning laws.

Her comments come amid an ongoing standoff between TDC and TMA after the Assembly directed the development company to halt an infilling project at Community 1, Site 3, citing alleged breaches of planning and development regulations.

Briefing the media after touring the affected site, the Managing Director of TDC, Courage Makafui Nunekpeku, described the demolition as “extremely unfortunate” and said it was inconsistent with the government’s commitment to infrastructure development, job creation and improved living conditions.

“It’s very unfortunate that two government agencies have to be doing this. This is not what we promised the people; this is not what we promised Ghanaians. We promised Ghanaians infrastructure; we promised Ghanaians jobs; we promised Ghanaians a good living, and this is what happened yesterday. It’s most unfortunate,” he said.

Nunekpeku said TDC had enjoyed a longstanding working relationship with the various Metropolitan, Municipal and District Assemblies within its operational area, including the TMA, Kpone-Katamanso Municipal Assembly, Ashaiman Municipal Assembly, Tema West Municipal Assembly and Krowor Municipal Assembly.

According to him, the relationship had historically been based on cooperation between government institutions, including arrangements under which TDC provided land to assemblies for public facilities without charging them.

He said TDC had also undertaken developments for its own operations without obtaining permits, arguing that this had been the established practice between the institutions for decades.

“Even the building where we are living, we built this building without a permit,” Nunekpeku said, adding that TDC shops at Community 18 and other infrastructure had similarly been developed without permits under the longstanding arrangement.

He said the controversial Site 3 project formed part of TDC’s programme of projects earmarked for implementation this year and had gone through what the company considered the necessary government approval and procurement processes.

According to him, the project received approval from the Ministry of Finance, the Public Procurement Authority, and the Ministry of Works and Housing before the procurement process was completed.

He said construction commenced about a week before the demolition, but TMA officials repeatedly visited the site and demanded compliance with the Assembly’s position on development permits.

Nunekpeku said TDC received a letter from the Assembly on August 7, 2026, giving the company seven days to comply with the directive.

He, however, said the demolition occurred on August 12, before the seven-day period had elapsed.

He alleged that the TMA Mayor, Ebi Bright, personally led a team to the site while he was attending a board meeting, destroying portions of the contractors’ work.

“They almost demolished everything, destroying the holding and all that. Extremely unfortunate. But this is what has happened. It is totally unacceptable,” he said.

Nunekpeku maintained that the project was a government project and that the dispute should not have reached the point where one government institution was demolishing the work of another.

He said TDC had continued to support the assemblies by providing land and other facilities without charging rent, describing the arrangement as part of a government-to-government relationship.

“We don’t charge them anything. We don’t charge them any ground rent because of the longstanding relationship we have with them, and we pay. In fact, recently we had to renew the lease,” he said.

He therefore appealed for the issue to be resolved through dialogue rather than confrontation.

Reacting to the development, the Metropolitan Chief Executive for Tema, Ebi Bright, called for immediate clarification of the respective roles of TMA and TDC Ghana Limited in planning, development control and enforcement within the metropolis.

Bright argued that several Acts of Parliament and provisions of the 1992 Constitution vest planning and development-control authority in District Assemblies, while TDC does not appear in those laws as a planning or enforcement authority.

She cited Section 12 of the Local Governance Act, 2016 (Act 936), which she said establishes District Assemblies as the planning and development authorities for their respective areas.

She also referred to Section 34(1) of the Land Use and Spatial Planning Act, 2016 (Act 925), which provides that a District Assembly is the spatial, human settlement, and planning authority for its area.

Bright further cited Section 113(1) of Act 925, which requires a person intending to undertake physical development of land within a district to first obtain a development permit from the District Assembly.

She also invoked Article 240 of the 1992 Constitution, which establishes District Assemblies as the highest political authorities in their respective districts.

According to her, the legal framework establishing the role of District Assemblies in planning dates back to the Local Government Act, 1993 (Act 462), and was subsequently reinforced and expanded by Acts 936 and 925 in 2016.

She argued that earlier legislative instruments, including L.I. 469 of 1965 and L.I. 1468 of 1989, had been superseded by later legislation, invoking the legal principle lex posterior derogat legi priori, meaning that a later law overrides an earlier one.

The MCE also questioned TDC’s authority to exercise governmental regulatory functions following its conversion into a private limited liability company in 2017.

She said the overlapping positions of TMA and TDC had created confusion among residents and developers, with some allegedly receiving conflicting directives on planning permits and development enforcement.

Bright alleged that some structures bearing valid TMA permit numbers had previously been demolished by a TDC task force, referring to a report published by the Ghana Federation of Labour on December 6, 2025.

She said the dispute had also raised concerns about development-related revenue that should accrue to Metropolitan, Municipal, and District Assemblies.

The MCE called for urgent intervention to end what she described as overlapping mandates between the two institutions.

She proposed a ministerial directive, citing Sections 12 and 83 of Act 936 and Section 34 of Act 925, directing TDC to suspend planning enforcement activities, including demolitions, permit issuance, and enforcement notices, pending a reconciliation process.

She also proposed the establishment of a joint reconciliation committee chaired by the Ministry of Local Government, Chieftaincy and Religious Affairs and the Ministry of Works and Housing.

The committee, she said, should have a 30-day deadline to inventory permits issued or co-issued by TDC, reconcile them with TMA records and clearly define TDC’s appropriate role going forward.

Bright further proposed either a memorandum of understanding or an amendment to the relevant legislative instrument to clarify TDC’s role as the landlord of the Tema Acquisition Area and custodian of the master plan.

Under the proposed arrangement, she said TDC’s views could be considered by the District Spatial Planning Committee but should not be binding, with TDC serving as a statutory consultee rather than a permit-issuing authority.

The MCE also referred to Section 93(4) of Act 925, which requires parliamentary approval for changes in the use or rezoning of public spaces.

She stressed that even TMA could not unilaterally rezone public space and argued that TDC similarly had to comply with the statutory approval mechanisms.

Bright additionally drew attention to Section 12(1)(a) of the Land Act, 2020 (Act 1036), which she said criminalises the unlawful exercise or purported exercise of supervision or control over land development in a location.

She clarified, however, that TMA was not invoking the provision against TDC but wanted the relevant authorities to recognise the potential implications of the continuing institutional dispute.

Bright stressed that the Assembly was not seeking to eliminate TDC’s legitimate commercial and property-management functions.

“This is not about eliminating TDC’s role; it is about ensuring every institution operates within its lawful mandate,” she said.

She said TMA remained prepared to cooperate with TDC on joint planning and development, provided the statutory boundaries between the two institutions were respected.

“As the Mayor of TMA, my vision for Tema is to reset and restore its pride as Ghana’s premier planned city, which requires clear institutional boundaries, not overlapping authorities”.