Stakeholders at a national engagement in Accra have called for legal reforms regarding land acquisition in the emerging Petroleum Hub Development Project in the Jomoro Municipality.
The workshop, held on March 25, 2025, in Accra, was organized by seasoned lawyers and land valuers. It aimed to sensitize the Petroleum Hub Development Committee and the Coalition of Concerned Nzema People on the issue of compulsory land acquisition by the government for mineral exploration.
Readers may recall that the erstwhile NPP administration initiated efforts to compulsorily acquire 20,000 acres of land for the establishment of a $60 billion Petroleum Hub Development Project in the Jomoro Municipality.
Addressing the rights of landowners and communities affected by mining activities, the workshop clarified that, although Ghanaian law vests all mineral resources in the state, the law requires that Notice via Gazette be served to traditional authorities, landowners, and the District Assembly. This notice must be displayed in a conspicuous place for 45 days to allow stakeholders to engage with the mining company before operations begin.
The current practice, where mining companies enter communities and unilaterally begin operations offering compensation at their discretion with only the consent of traditional rulers violates mining laws.
According to the law, farmers, landowners, and traditional rulers have the right to reject mining activity within the 45 day notice period. Unfortunately, this legal provision has not been adhered to in previous mining activities in Ellembelle and Nzema-East.
As custodians of the people, traditional rulers and District Assemblies are urged to safeguard community rights.
“It is a violation of mineral laws for any traditional ruler or District Assembly, in collaboration with a mining company, to embark on mining activities that destroy arable land and livelihoods without prior consent,” the workshop emphasized.
Landowners and traditional rulers were advised to ensure that any leasing of land for mining purposes is accompanied by negotiations for lifetime compensation. Such negotiations should involve the services of a certified valuer, whose fees must be paid by the mining company.
Discussions on the Petroleum Hub Development Corporation also took place at the Flagstaff House, involving the Chief of Staff and his team. A tentative framework, collaboratively developed by the Petroleum Hub Development Committee, lawyers, and valuers, was presented to ensure a fair, win-win approach for the people of Jomoro, especially those within the Petroleum Hub enclave.
Legal and valuation experts at the engagement criticized the previous government’s approach to the project, saying it lacked a human face and violated consent laws.
A Gazette related to the project, published in newspapers on August 9, 2022, was not signed by the President until November 27, 2024 and was never properly communicated to landowners and communities. Even before the sod-cutting ceremony in August 2024, the government failed to follow due legal processes, in clear violation of the Lands Act.
Initial steps toward the Petroleum Hub project lacked broad stakeholder engagement. For instance, prominent landowners like Tumivole Kaku Aka and others were not consulted, and the principle of Free, Prior, and Informed Consent (FPIC) was not observed.
Lawyers urged community members not to allow politicians to take undue advantage of them.
The newly appointed CEO of the Petroleum Hub Development Corporation acknowledged the irregularities in the land acquisition process and promised to streamline it for a smoother rollout.
The meeting emphasized that it is time for PHDC, Tumivole Kaku Aka III, and other chiefs to firmly assert their rights in land matters, compelling politicians to respect landowners’ freedoms.
Going forward, the meeting resolved that landowners must be educated on FPIC to know their rights and freely express their views on land acquisition issues.
Recommendations from the meeting
included:
- The creation of an independent Land and Resource Tribunal Court to adjudicate compulsory land acquisition cases.
- Community entitlement to equity in the company’s operations.
- Community involvement in determining suitable areas for mining.
- All communication related to land transactions must be conducted in languages understood by the local community.
In a four-point communiqué, the meeting resolved that:
- Until FPIC is properly executed, all land matters related to the Petroleum Hub must be put on hold.
- Acts 703 and 1036 should be harmonized to legally support FPIC in land use matters.
- Adequate compensation must be provided to landowners and traditional rulers.
- An official petition should be submitted to the Lands Commission for full disclosure of all activities regarding the 20,000-acre land earmarked for the project by the previous government.
The Petroleum Hub Development Committee commended Mrs. Elizabeth Allua Vaah of the Ghana Environmental Advocacy Group for her leadership in advocating for a fair land tenure system and ensuring mineral laws benefit host communities. Madam Ndede Kojo Anjuba was also recognized for her instrumental role in the Petroleum Hub Development Project.
By Kodwo Nyamekeh
