Three Chiefs Claim Ownership Of Ghana Gas Lands

The litigation between the Omanhen of the Eastern Nzema Traditional Area and the Ghana Gas Company (Ghana Gas) over the land on which the company is operating has taken a new turn, with three other chiefs in the Eastern Nzema area in the Western Region also claiming ownership of the land. As a result, the three chiefs have filed separate motions at the Sekondi High Court praying for an order for joinder in the substantive suit on the grounds that their stools were the rightful owners of substantial portions of the land in dispute. They are King Kaku Aka III, Omanhene of Aiwiaso; Nana Anochie IV, Chief of Anokyi, and Awulae Tufuhene Bazekpole II of Atuabo. A summary of their sworn affidavits in support of their applications indicated that they were necessary parties to be joined as defendants to the suit to ensure that all matters in dispute in the proceedings were effectively and completely determined and adjudicated upon. According to them, the plaintiff in the substantive case, Awulae Amihere Kpanyinli III, has no lands in the Eastern Nzema area and has therefore, no right whatsoever to claim any right or relief from the defendants. Hearing The court would convene on July 4, 2014 to hear the submissions of the applicants. Presided over by Mr Justice Kofi Akrowia, the court on June 19, 2014 rescinded its earlier ruling that restrained Ghana Gas and four others from carrying out any activity on the land on which they operated until they regularised their occupation with the Eastern Nzema Traditional Council. That was after the court had upheld an application for a variation of its decision filed by Ghana Gas. The court had on June 9, 2014 restrained the defendants from carrying on work at the project site for a period of 14 days, within which they were to contact the chiefs and the people of the traditional area to regularise their stay on the land. The other defendants in the substantive case are SINOPEC, the Chinese construction firm working on the Atuabo Gas Project; Quantum Terminals Limited, the Ghana Oil Company, and Ernest Nunoo, owner of the Ernest Seafront Hotel. Initial action The court imposed the injunction following an application filed by Awulae Amihere Kpanyinli III. The judge had, in its earlier ruling, said should the defendants fail to take advantage of that leeway offered by the court, the injunction would then become permanent. Affidavit Awulae Kpanyinli lll had argued in his affidavit in support of the suit that none of the defendants had lawfully acquired the land from the traditional authority, adding that Ghana Gas initially approached the council and presented drinks indicating its preparedness to acquire the land. The affidavit said, regrettably, the company never legally acquired the land and, in spite of various protests and petitions, it continued with the project.