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The canker on our land …Vigilantism and Related Offences Act, 2019, Act 999 (Sect. 7) — still-born?

“You shall not remove your neighbour’s landmark, which the men of old have set, in your inheritance which you will inherit in the land that the LORD your God is giving you to possess” (Deuteronomy 19:14 NKJV).

“Cursed be anyone who removes his neighbour’s landmark.”And all the people shall say ‘Amen’ (Deuteronomy 27:17). Proverbs 22:28 and Proverbs 23:11 repeat the same admonition.

The Biblical quotations above are some of the admonitions God gave to the Israelites as they prepared to enter the Promised Land. This shows that from the beginning of time, God knew how precious land is. He therefore warned the Israelites about trespass and encroachments on land that did not belong to them.

When I was studying economics over four decades ago in the Secondary School, I remember there was a topic I studied – “Factors of Production”. This is related to resources or inputs that were used in the production process i.e. finished goods and services. I learnt that there were three basic factors or resources of production; land, labour and capital.

Land, it was said, included not only the site of production, but also natural resources above or below the soil. Without this scarce factor of production, no economic activity could go on in real estate, agriculture, mining, industries, etc. land is of so much importance that communities, families and even nations have fought wars to protect their inheritance.

Land is of such importance that Chapter Twenty-One of the 1992 Constitution of the Republic of Ghana was devoted to Land and Natural Resources.

In fact, land was held so sacred that Article 266 (1) of the 1992 Constitution was solely devoted to Ownership of land by Non-Citizens. Article 266 (1) reads: “No interest in, or right over, any land in Ghana shall be created which vests in a person who is not a citizen of Ghana freehold interest in any land in Ghana.”

266 (4) also reads:

“No interest in, or right over, any land in Ghana shall be created which vests in a person who is not a citizen of Ghana a leasehold for a term of more than 50 years at any one time.”

What these clauses of our Constitution seek to show is that Ghanaian lands are so important that the maximum number of years that a non-Ghanaian can get, upon the acquisition of land in any part of Ghana for whatever purposes, shall not exceed fifty (50) years.

Article 18 also guarantees the protection of privacy of home and other property 18(1) “Every person has the right to own property either alone or in association with others.”

(21) “No person shall be subjected to interference with the privacy of his home, property, correspondence or communication except in accordance with law and as may be necessary in a free and democratic society for public safety or the economic well-being of the country, for the protection of health or morals, for the prevention of disorder or crime or for the protection of the rights or freedoms of other.”

It is for the above reason that even the government with all its powers cannot compulsorily take possession of any property or interest in or right over any property unless the acquisition is necessary in the interest of defence, public safety, public order, public morality, public health, town and country planning or the development or utilisation of the property in such a manner as to promote public benefit (See Article 20 (1) (a) of the 1992 Constitution.

Article 20 (5) also states that any property compulsorily taken possession of or acquired in the public interest shall be used only in the public interest or for the public purpose for which it was acquired. The state cannot acquire such property free, hence the provision in Article 18 (2) (a) that compulsory acquisition of property by the state shall only be made under a law which makes provision for the prompt payment of fair and adequate compensation.

So if even the state cannot by the use of its coercive force trespass someone else’s property, how come that some people, who are now known as landguards, appear to be more powerful than the state and by the use of brute force, threats, intimidation and outright mayhem enter to take possession of parcels of land that have been legitimately acquired by their owners?

This phenomenon has become so entrenched in Accra that the Ghana Police Service had to establish a whole unit – the Property Fraud Unit at the CID Headquarters in Accra. The Property Fraud Unit of the Ghana Police notwithstanding, these landguards, who are a law unto themselves, appear to be unruffled. They have become so powerful and influential that they have become untouchables, with their own army platoons of motor riders. They have beaten, maimed and even killed innocent property owners because they dared challenge them.

The Nana Akufo-Addo government, realising that this phenomenon is getting out of hand caused to be passed the Vigilantism and Related Offences Act, 2019, Act 999. For this Article, our interest is in Section 7 of the Act “Prohibition of activities of landguards.”

7(1) A person shall not, directly or indirectly, facilitate, organise or promote the organisation of landguards, for the purposes of protecting or guarding land or property, whether belonging to that person or any other person.

(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a term of imprisonment of not less than ten years and not more than fifteen years.

(3) A person shall not act as a landguard.

(4) A person who contravenes subsection (3) commits an offence and in liable on conviction to a term of imprisonment of not less than 10 years and not more than 15 years.

(5) A person shall not directly or indirectly engage a landguard to protect or guard the property of that person or any other person.

(6) A person who contravenes subsection (5) commits an offence and is liable on conviction to a term of imprisonment of not less than 10 years and not more than fifteen years.

(7) Despite a provision in any enactment, a person who acts as a landguard armed with an offensive weapon commits an offence.

(8) A person who commits an offence under subsection (7) is liable on conviction to a term of imprisonment of not less than 10 years and not more than 25 years.

These provisions are however very encouraging paper tigers! Before the passage of this law in 2019, as far back as in 1962, Section 34 of the Land Registry Act, 1962, Act 122 had made fictitious land transaction an offence under the Act. It reads: Any person who knowingly:-

purports to make a grant of a piece of land to which he has no title; or

purports to make a grant of a piece of land without authority; or

makes conflicting grants in respect of the same piece of land to more than one person, shall be guilty of an offence which shall be a second degree felony and may, in addition to any other punishment that may be imposed upon him, be liable to pay an amount of twice the value of the aggregate consideration received by him.

Generally, a person convicted of a second degree felony shall be liable to imprisonment for a term not exceeding 10 years.

We are in 2020. My question is, how many chiefs and other grantors involved in these fictitious land transactions have been convicted under this law for the past fifty-eight (58) years? Meanwhile, it is in the public domain that it is these fictitious land transactions that have led to the formation and recruitment of landguards.

It is also an open secret that these chiefs, and so called land owners and the land guards openly boast and publicly show that all the people who are expected to see to it that the law bites are either in bed with or in the pockets of these landguards and their pay masters.

Let anyone have an encounter with some of these people and lodge a complaint at the Property Fraud Unit of the CID Headquarters or any of the Divisions and Districts of the Greater Accra Regional Command; that is where you would realise that, there is indeed a whole network, including top police officers, national security operatives, politicians, even individuals, groups and public office holders professing to fight corruption in Ghana are involved.

The role of officials of the Lands Commission, who directly or indirectly facilitate, organise or promote the organisation of landguards in Ghana, especially in Accra cannot be glossed over. Why on earth would officials of the Land Commission, most of whom are lawyers of so many years standing, find it difficult to interpret and implement Court of Appeal and Supreme Court decisions?

Under what circumstances can retired military officers use their influence to recruit armed soldiers, to follow the landguard chiefs to forcibly enter people’s properties they know do not belong to them? Why would top government officials use their exalted positions to protect these landguards?

Why would well known master landguards and land fraudsters be walking in and out of top the offices of state security officials and dropping their names at the least opportunity without blinking an eye? Have these state security operatives not overheard a complaint about their names being used for such nefarious and antisocial activities? If the government does not crack the whip, we shall continue to experience more of the embarrassment some people have caused the nation on the trespass of the Nigerian High Commission in Accra.

Why are dedicated and honest officers of the national security apparatus, who are prepared to bring these anti-social beings to book not getting the needed support from their superiors?

What are other statutory bodies clothed with the power and authority to prevent and detect organised crime such as Economic and Organised Crime Office (EOCO) doing? May I respectfully remind the leadership of EOCO of the objects of that Office Section 2 of the Economic and Organised Crime Office Act, 2010, Act 804 which deals with objects of the office states:

2. The objects of the Office are to (a) prevent and detect organised crime, and

(b) generally to facilitate the confiscation of the proceeds.

Why are these antisocial persons being allowed to publicly exhibit their ill-gotten wealth without any restraint?

It appears no one wants to bell the cat but the Prophet Habakkuk has the following admonition for us all: “woe to him who builds his realm by unjust gain to set his nest on high, to escape the clutches of ruin! You have plotted the ruin of many peoples, shaming your own house and forfeiting your life. The stones of the wall will cry out, and the beams of the woodwork will echo it”. (Habakkuk 2:9-11) (NIV).

I heard this scripture used for the first time by the former Chief Justice of the Republic of Ghana Her Ladyship Mrs Georgina Theodora Wood.

It appears Section 7 of Act 999 is still-born and gone to its grave like old Roger.

yawnketiah@yahoo.com

BY YAW ADJEI AFRIYIE NKETIAH

Hot!

Cervical Cancer alert: Avoid sex at early age

The Programmes Manager of Non-Communicable Diseases (NCDs) of the Ghana Health Service (GHS), Dr Mary Efua Commeh, has advised young girls to avoid sex at an early age.

This, she explained, will give the cervix the opportunity to mature before they become sexually active.

“You need to delay what we call the first sexual intercourse as much as possible to give the cervix the opportunity to mature before the person becomes sexually active,” she said.

Dr Commeh stated this in an interview with The Spectator in Accra on Tuesday as a part of the Cervical Cancer awareness month.

According to her, cervical cancer was the second leading female cancer in Ghana with a total of about 3,072 cases annually, and out of that, 1,815 deaths are recorded, representing more than 50 per cent.

She indicated that “If young girls are going to be sexually active, then you need to talk to your parents about being vaccinated.”

She explained that vaccinating young girls against human papillomavirus (HPV) has been found to be a very effective way of preventing cervical cancer.

“There are countries that started HPV vaccination years ago and they are not seeing any cervical cancers now because they would have eliminated most of the high-risk HPVs in their women. So if the high-risk HPV is not there, then obviously the results on cervical cancers are going to go down,” she added.

Dr Commmey said the HPV vaccination is recommended for young girls aged nine to 14 years, adding that it had been found to be highly effective, not just for cervical cancers but for other HPV-related cancers, such as anal cancers, cancers of the vagina, genital warts, amongst others.

She further elaborated that the idea is to put up a barrier before the HPV comes in and that once a young female encounters it, she is already protected.

She also mentioned that for cervical cancers, the main cause is called HPV infection, saying generally, all sexually active women acquire HPV at some point in their lives.

However, the Programmes Manager of NCDs at the GHS mentioned that the body has a way of clearing the HPV, explaining that it is a natural mechanism that goes on, unfortunately, there are a few women whose HPV persists.

Moreover, she noted that the numbers for Cervical Cancer tend to be much higher because at times, clients would wait, and try all sorts of medications before they finally report to the health facility saying “we actually lose some women before they get to the hospitals with over 75 per cent of the cases coming in its third and fourth stages.”

Dr Commey, therefore, called for public awareness while ensuring the availability of information for prevention and control.

By Jemima Esinam Kuatsinu

News

The Sacred Intersection: Ouidah’s Catholic Church and Python Temple

Some people walking Infront of the Catholic church in Ouidah

The Sun Hung Low over the ancient town of Ouidah, casting a golden shade over the baobab tree, I walked the short distance separating two landmarks that symbolise the soul of Benin.

On one side stood the imposing Basilica of the Immaculate Conception, a testament to colonial-era Christianity. On the other, the modest yet spiritually charged Python Temple, the cradle of Voodoo reverence.

This striking juxtaposition embodies a story of coexistence, resilience, and cultural syncretism.

Ouidah, a small coastal town in southern Benin, is a place where two spiritual worlds intertwine.

The Catholic Church, introduced during Portuguese expeditions in the 16th century and later reinforced by French colonial rule, brought Christianity to the region.

The basilica’s grandeur speaks to this legacy, its stained-glass windows and towering steeples reflecting the influence of European architects.

Just a few steps away, the Python Temple offers a contrasting narrative—one deeply rooted in Benin’s indigenous spirituality.

•Some traditionalists performing
Infront of the python temple

In Benin, pythons are sacred. They represent fertility, wisdom, and protection.

What makes Ouidah remarkable is not just the proximity of these two spiritual centres but the harmony they share.

Over centuries, the people of Ouidah have blended Catholicism with Voodoo, creating a unique religious syncretism. It’s not uncommon for individuals to attend mass at the Basilica and later seek blessings at the Python Temple.

This duality extends to practices as well. Catholic veneration of saints often parallels Voodoo worship of spirits or deities.

During a visit, a local priest explained that many of his congregants also participate in Voodoo ceremonies, viewing both faiths as complementary rather than conflicting.

Both the basilica and the temple serve as cultural cornerstones, drawing locals and international visitors alike. The annual voodoo festival, held every January, showcases this harmony in vibrant ceremonies that begin with traditional rituals at the Python Temple and culminate in communal gatherings that include Christian blessings.

This festival underscores the resilience of Ouidah’s cultural identity. Here, spirituality is not about division but integration, a celebration of both the old and the new. The basilica and the temple, though rooted in different traditions, stand as guardians of this heritage.

As I framed my shots, the movement of tourists crisscrossing captured the essence of Ouidah’s dual identity. The basilica’s lofty arches contrasted beautifully with the earthy simplicity of the Python Temple. Each photo told a story of continuity and change, of a town’s ability to adapt while holding steadfast to its roots.

Benoit, a Voodoo priest, shared stories of how the spirits of the forest, many of which are now gone, once guided their ancestors.

He said, the common values of both traditions, respect for life, nature, and the divine is a simple one.

The temple houses live snakes, cared for by Voodoo priests who perform rituals invoking Dangbé, the python deity.

According to my great-grand father, the serpents once protected the people of Ouidah during an invasion in the olden days, cementing their place in local folklore.

“The religion story is one of resilience and reconciliation, where the Catholic Church and the Python Temple are not just physical landmarks, but are living symbols of how two worlds can coexist without erasing each other,” he said.

Benoit lamented the encroachment of urbanisation but found solace in the enduring belief systems that anchor their community.

Grand Frere, a member of the Catholic Church said, the two faiths, that is the Python Temple and the Catholic Church, standing side by side, reminded him of the power of harmony in a world often divided.

From: Geoffrey Buta, OUIDAH, BENIN