Nana Osei Bonsu calls on Ghana government to enforce Land Act 1036 of 2020

The United States Department of Homeland Security through the U.S.C.I.S issued a report prepared by Trupti Patel on 7th March 2023 in connection to a testimony by Bashirudeen Bonsu a.k.a Nana Osei Bonsu against the Ghana Police Service and Asantehene Otumfuo Osei Tutu II.

“The lands are mine, there is no family land in the Ashanti region. Therefore, no Abusuapanin have right to alienate lands to private developers. Take it to court and I will make sure court overturns the decision. I have cancelled your family name from enjoying their inalienable rights of inheritance to the Boadi Lands”

This very declaration was made by the Asantehene Otumfuo Osei Tutu II on 27th October, 2021 whilst addressing the 70th Anniversary celebrations of KNUST and again on 18th November, 2021 before an open gathering in Manhyia Palace with the sole intent of humiliating the Abusuapanin (Family Head) of Huahi Royal Family. Now one may be tempted to ask why has the Asantehene who is supposed to be the father and overlord of the Ashanti Traditional Council taken this stance against the Huahi Royal Family for him to go to such an extreme extent?

This and other similar occurrences has angered a lot of indigenous people in Asanteman, international community as well as some social and political commentators, activists and critics with a typical example being that of Honorable Inusah Fusseini, a constitutional lawyer who publicly voiced his opposition in an interview on JOY TV against this stance posited by the Asantehene and labeled it as “posing as if he above the law”.

Firstly, let’s delve into who the Huahi Royal Family is in the history and political landscape of the Ashanti Region and the whole Ashanti Empire in general. The Huahi Royal Family are genealogically descendants of Asantehene Osei Tutu I (Founder of the Ashanti Empire) and his beloved wife Oheneyere Huahi Achama Tutuwaa, a union that produced a daughter, the princess Nanaba Konadu Afia-Ofi. This automatically cements the legacy of this family in the annals of the history of the Ashanti Kingdom.

The Huahi Royal Family acquired its root of title in the Benimasi-Boadi Lands by way of a gift made by the then Asantehene Osei Tutu I to his beloved wife, Oheneyere Huahi Yaa Achama Tutuwaa absolutely, generations ago during their marriage which was to give credence and merit of their marriage and procreation. This “Gift” is a well-known historical event in the annals of the Ashanti Region of Ghana. The oral account of the history had been further documented and published in public records such as national newspapers without any challenge on the account. A copy of our royal family history was published in the Ghanaian Times newspaper on March 29, 2021

SUPREME COURT AUTHORITIES;

•The principle of law espoused in the case of Amankwah v. Kyere [1963] 1 GLR 409 is that the deed of a validly elected and installed chief (which would include alienation of stool lands by way of gift in the present case), unless same is illegal or fraudulent, it is valid and binding on the stool, which is a corporate sole, and for that matter binding on the successors.

•The principle of law espoused in the case of Fenuku v. John Teye [2001-2002] SCG LR 985 which states that vested or accrued right or interest in Land cannot be affected by a later law. (which would include alienation of stool lands by way of gift in the present mater)

•In the Case of Akunsah v. Botchway (2011) SCGLR 288 at 296, the Supreme Court held that 'there is a distinction under customary law, between a gift from an individual owner of land to a beneficiary and a gift of stool land by an occupant of a stool, which is more appropriately described as a grant.

•In the case of Yoguo & Anr. V. Agyekum & Ors. Ollennu JSC G B R 482 – 520 June 1966 explained the law on the essential requirements of customary gift as follows: “A valid gift, under customary law, is an unequivocal transfer of ownership by the donor to the donee, made with the widest publicity which the circumstances of the case may permit. For purposes of the required publicity, the gift is made in the presence of independent witnesses, some of whom should be members of the family of the donor who would have succeeded to the property if the donor had died intestate and, also, in the presence of members of the family of the donee who also would succeed to the property upon the death of the donee on intestacy. The gift is acknowledged by the donee as assigned by the donor.

From the above plethora of authorities it’s clear that , the Gift (of Benimasii-Boadi Lands) is thus binding on successive occupants of the alienating Golden Stool including the current occupant of the Golden Stool, His Royal Majesty Asantehene Otumfuo Osei Tutu II.

This principle of law is codified in section 2 of Land Act 1036 of 2020; “Allodial title is the highest or ultimate interest in land and; and held by the state, a stool or skin, or clan or family or an individual; and may have been acquired through compulsory acquisition, conquest, pioneer discovery and settlement, gift, purchase or agreement.”

As stated earlier, Asantehene Osei Tutu I was a king in the Ashanti Empire and Oheneyere Huahi Achama Tutuwaa was his beloved wife. These are matters of public knowledge and records. The Huahi Royal Family members are descendants of Oheneyere Huahi Yaa Achama Tutuwaa, who was gifted the said Benimsi-Boadi Lands. A careful study of the gazetted family history reveals that the alienation of Benimasi-Boadi Lands by the Asantehene to his beloved wife was made subject to approval and consent from Nana Osei Boa (Donor’s biological brother) and Nana Essen Boadi (Nseniehene) who were elders of the “Golden” Stool at that material time. Also, the Donee’s witnesses were her mother Obieh, and her sibling, Kofi Kusi, Twum and Odwira.


At all material times our royal family have been in peaceful, quiet and uninterrupted possession and occupation of our ancestral lands without interference from any person(s), institution(s), government or otherwise.
Consistent with our family's ownership rights, there are lessee(s) occupying portions of the lands who equally had remain in possession by atoning tenancy to our family without any interference from any person or government.

I Nana Bonsu Great-grandson of King Osei Tutu and lawful representative of Huahi Royal Family was unlawfully arrested, tortured and detained in police custody for six days in connection to an execution of a sale on a portion of Land granted to Milton Investments Limited by Huahi Royal Family with a Leasehold interest. I sustained some injuries and also unpleasant health conditions as a result of this police brutality. I was charged with three counts in Suit No. D2/06/22; Count one: Conspiracy to make a grant of land without title, contrary to section 23 (1) of the criminal offenses Act, ACT 29 of 1960 and 227 (2a) of Land Act 1036 of 2020.Count Two: Grant of Land without title, contrary to section 227 (2a) of the Land Act 1036 of 2020. Count Three: Issue of false cheque, contrary to section 313 (a) (b) of the Criminal Offenses Act, (Act 29) of 1960.

Eventually, the circuit court on February 16th, 2023 presided by Judge Abdul-Razak Musa acquitted, discharged and exonerated me and the family at large at the end of the trial.

The misconduct by the Police personnel prompted I Nana Osei Bonsu to file a human right suit against the Ghana Police Service and Attorney General's Department in the Human Right Court Division (court 1) in suit No. HR/0026/2022 at the High court of Justice in Accra. On January 31 ,2023 the Human rights court presided by Justice Barbara Tetteh passed a Judgment in my favor against the defendants with a compensatory damage award of SEVEN THOUSAND GHANA CEDIS (GHC 7000).

In the early hours of 18th November 2021, my uncle, Odehye Nanaba Kwabena Badu who is currently incapacitated was brutalized by some armed policemen acting under the alleged instructions of the Asantehene. The Police abducted him, brutalized him along the way and presented him before an open gathering organized by the Asantehene in his palace at Manhyia-Kumasi only to humiliate him before releasing him. I again filed a human right suit against the Ghana Police and Attorney General Department regarding this abuse in suit No: HR/0035/2023 currently pending before the court.

Typical instance is that Asantehene says he has taken Boadi lands back and has cancelled the names of beneficiaries from enjoying their rights of inheritance

Nonetheless, the existing law stands on the fact that an absolute Gift in customary law is binding on successors of the alienating (“Golden Stool” ) which is a corporate sole, and as a matter of fact binding on the current.

Again, what is the motive behind the Asantehene making this declaration? Why is Asantehene disparaging and not paying homage to the Huahi Royal Family for being a bedrock of the Ashanti Empire?

This is a call to action for the Government of Ghana to uphold and enforce the Land Act 1036 of 2020 precisely within the Ashanti Region of the Republic of Ghana. I encourage all chiefs and traditional authorities to respect the customs, traditions and laws of the land and should not show bias or discriminatory tendencies against any subjects or communities.