Ghana's National House of Chiefs has rejected recommendations to merge the Office of the Administrator of Stool Lands (OASL) with the Lands Commission. The chiefs insist the OASL should remain an independent constitutional body under the Ministry of Lands and Natural Resources.
This opposition stems from historical concerns over the Lands Commission's management of stool land revenue. Chiefs involved in the 1992 Constitution's drafting pushed for the OASL's creation due to these past issues. The OASL ensures efficient management of revenues from rents, royalties, and concessions while promoting transparency and equitable distribution.
This decision impacts how a significant portion of Ghana's landmass is administered and how revenue generated from it is managed. Stool and customary lands constitute the largest landholding sector in Ghana. The effective management of these lands and their revenues is crucial for traditional authorities and local development. This stance by the National House of Chiefs underscores the ongoing debate about land administration reform and the role of traditional institutions in Ghana's economic framework.
The National House of Chiefs stated that the proposed merger would undermine the chieftaincy institution. They cited Article 267(2) of the 1992 Constitution as foundational for the OASL's independent establishment. They highlighted the OASL's creditworthy performance in assisting stools and skins with land administration and revenue management.
Integrating the OASL into the Lands Commission could push stool and skin land matters into the background. This could also increase bureaucratic delays in releasing funds to beneficiaries. The chiefs further expressed concern about ongoing litigation and garnishee orders affecting the Lands Commission. They argued that a merger would expose stool land revenue to unnecessary financial risks.
Existing laws, including the Land Act, 2020 (Act 1036) and the Lands Commission Act, 2008 (Act 767), already provide for collaboration. The National House of Chiefs asserts that these existing legal frameworks make the proposed merger unnecessary. They criticised the Lands Commission's performance in managing public and vested lands, noting persistent controversies in state land administration. A 2008 merger of four land sector agencies under the Lands Commission Act did not achieve expected improvements. That restructuring even led to the closure of some district offices, reducing public access to land valuation services.
The House called on the government to strengthen and adequately resource the OASL. They argue that the customary sector, controlling most of Ghana's land, requires a dedicated institution. This institution must effectively manage customary lands for the benefit of traditional authorities and local development. The current arrangement should remain unchanged, as it continues to serve its intended purpose effectively.