Govt to reconstruct demolished properties of Nigerian High Commission

The government has decided to rebuild the demolished building within the premises of the Nigerian High Commission to its original state, the Minister of Foreign Affairs and Regional Integration, Ms Shirley Ayorkor Botchwey, has said.

In addition, the government would take immediate steps to engage the Osu Stool and all stakeholders to address the impasse to help calm tensions, the minister said at a press conference in Accra yesterday.

Background

Some properties near the residence of the Nigerian High Commissioner in Accra were destroyed by some unidentified men last Friday at about 11 p.m.

The men, who are said to be armed, broke through the locked gate with a bulldozer and pulled down parts of the one-storey building under construction on the compound.

The Paramount Chief of the Osu Traditional Area, Nii Okwei Kinka Dowuona VI, in a statement released last Sunday, defended the demolition of a structure purported to belong to the Nigerian High Commission.

According to the release, the parcel of land was different from the building the Nigerian High Commission was currently occupying.

Investigations, findings

The minister said following the demolition, which constituted a breach of the premises of the High Commission of Nigeria, located at 19/21 Julius Nyerere Street, Ringway Estates, East Ridge, Accra, last Friday, a committee was set up to investigate the incident.

It comprised officials of the Ministry of Foreign Affairs and Regional Integration, the Lands Commission, National Security Secretariat and the Ghana Police Service.

Ms Botchwey said preliminary findings of the committee indicated that the High Commission of Nigeria presented a letter dated August 7, 2000, granting allocation and right of entry into a four-acre parcel of land in the Accra Osu Mantse Layout to its mission in Accra.

The investigations pointed out that the High Commission further presented receipts of payments on the said land, made by Bankers Draft, payable to the Executive Secretary of the Lands Commission.

However, the land title certificate had not been issued to the High Commission.

The Lands Commission told the investigative team that the said parcel of land was part of vested land, owned by the Osu Stool and managed by the Lands Commission.

Third-party

“In June 2019, the Osu Stool requested the Greater Accra Regional Lands Commission to grant a lease in respect of a part of the said land to a third party,” the report said.

The Lands Commission, per a letter dated July 4, 2019, informed the High Commission that the Osu Stool had requested the Lands Commission to grant a lease to a third party on the land in question.

The Lands Commission, therefore, advised the High Commission to provide relevant documents on ownership of the land, but the former did not receive any response.

In granting the lease, the Lands Commission stated that its records did not reveal any previous transaction in respect of the land in question.

Based on the silence of the Nigerian High Commission, the Lands Commission went ahead and issued a land title certificate covering the said parcel of land to a third party.

No lease title

The investigations pointed out that although the allocation and right of entry granted to the High Commission by its head office was genuine, “unfortunately, owing to the fact that the High Commission did not obtain a lease following the allocation letter, or proceed to obtain a Land Title Certificate or even a building permit for the new property, a search by the Lands Commission did not show that any proper documentation had been obtained in respect of the property,” Ms Botchwey pointed out.

Resolution

However, since the demolition constituted a breach under the Vienna Convention, the government has decided to restore the property to the High Commission, while it will engage the Osu Traditional Council and the high commission to quell the feud, Ms Botchwey said.

In arriving at the decision, the Foreign Affairs Ministry took into consideration the fact that there was a contract between the traditional council and the high commission since there was a formal offer to the high commission in respect of the parcel of land in question, which was accepted and payments made.

“The Lands Commission will proceed to issue a Land Title Certificate to the High Commission of Nigeria to regularise its ownership of the property in question”.

“The Government of Ghana will take immediate steps to engage the Osu Stool and all stakeholders on the impasse,” the minister stated.

Arrest

Ms Botchwey said with the arrest of some persons connected to the breach of the premises of the High Commission of Nigeria, the Criminal Investigation Department would expedite action on investigations, given the delicate nature of the matter and its potential ramifications on Ghana–Nigeria relations.

She added that the government would also actively engage the Nigerian government at the highest level to address the impasse and help calm tensions in both countries.

Assurance

“In conclusion, let me assure the diplomatic community in Ghana and the High Commission of Nigeria, in particular, that the Government of Ghana will not relent on its primary obligation to protect and guarantee the safety of the members of the diplomatic corps,” the Minister of Foreign Affairs stressed.

Read the entire statement below;

STATEMENT BY THE HON. MINISTER FOR FOREIGN AFFAIRS AND REGIONAL INTEGRATION, SHIRLEY AYORKOR BOTCHWEY (MP), ON THE BREACH OF THE PREMISES OF THE HIGH COMMISSION OF NIGERIA LOCATED AT 19/21 JULIUS NYERERE STREET, EAST RIDGE, ACCRA BY TWO INDIVIDUALS ON 19TH JUNE, 2020

Members of the Media,

Ladies and Gentlemen:

Following the incident regarding the breach of the premises of the High Commission of Nigeria, located at 19/21 Julius Nyerere Street, Ringway Estates, East Ridge, Accra, on Friday, 19th June, 2020 at about 23:00 hours, a committee comprising officials of the Ministry of Foreign Affairs and Regional Integration, the Lands Commission, National Security Secretariat and the Ghana Police Service was constituted to investigate the incident and make appropriate recommendations.

2. Preliminary findings by the Committee indicate the following:

The High Commission of Nigeria presented letter referenced SCR/LCS 74/VOL.2/95 dated 7th August, 2000, granting allocation and right of entry to the High Commission, a 4-acre parcel of land in the Accra Osu Mantse Layout. The High Commission of Nigeria further presented receipts of payments on the said land, made by Bankers Draft payable to the Executive Secretary of the Lands Commission. However, Land Title Certificate had not been issued to the High Commission.

The Lands Commission stated that the said 4-acre parcel of land is part of vested land which is owned by the Osu Stool and managed by the Lands Commission. In June 2019, the Osu Stool requested the Greater Accra Regional Lands Commission to grant a lease in respect of a part of the said land to a third party.

The Lands Commission stated that per its processes of granting leases, its records did not reveal any previous transaction in respect of the land in question.

The Lands Commission revealed that a letter referenced AC 14826 of 4th July, 2019, signed by the Regional Lands Officer and addressed to the High Commission of Nigeria, informed that the Osu Stool had requested the Lands Commission to grant a lease to a third party on the land in question. The Lands Commission, therefore, advised the High Commission of Nigeria to provide relevant documents on ownership of the land, but the former did not receive any response.

Based on the silence of the High Commission of Nigeria, the Lands Commission went ahead and issued a Land Title Certificate covering the said parcel of land to a third party.

The Lands Commission has confirmed that the letter of 7th August, 2000, presented by the High Commission of Nigeria granting allocation and right of entry to the High Commission, was genuine and, indeed, emanated from its Head Office.

Unfortunately, owing to the fact that the High Commission did not obtain a lease following the allocation letter, or proceed to obtain a Land Title Certificate or even a building permit for the new property, a search by the Lands Commission did not show that any proper documentation had been obtained in respect of the property.
3. It is worth noting that Articles 22 and 30 of the Vienna Convention on Diplomatic Relations stipulate that the premises of the Mission as well as the private residence of a diplomatic agent shall be inviolable. Thus, the incident of Friday, 19th June, 2020 constitutes a breach of the Convention.

4. In light of the above, the Government of Ghana has decided as follows:

The Lands Commission will issue a letter to the Osu Traditional Council stating that in August 2000, a formal offer was made to the High Commission of Nigeria in respect of the parcel of land in question; the offer was accepted by the High Commission and payments made, accordingly constituting a contract;

The Lands Commission will proceed to issue a Land Title Certificate to the High Commission of Nigeria to regularize its ownership of the property in question;

The Government of Ghana will take immediate steps to engage the Osu Stool and all stakeholders on the impasse;

Following the arrest of some persons connected to the breach of the premises of the High Commission of Nigeria, the Criminal Investigation Department will expedite action on investigations, given the delicate nature of the matter and its potential ramifications on Ghana–Nigeria relations;

The Government of Ghana will ensure that the demolished building is restored to its original state, as soon as possible;

The High Commission of Nigeria will take appropriate steps to obtain building permits for the construction;
In view of the above, the Government of Ghana will actively engage the Nigerian Government at the highest level to address the impasse and help calm tensions in both countries.

5. Finally, let me state emphatically that Government takes a serious view of the violation of the diplomatic premises. Whilst expressing deep regrets over the incident, I wish to assure the Government of the Federal Republic of Nigeria that the Government of Ghana will pursue this matter to its logical conclusion and ensure that the perpetrators are sanctioned in accordance with the laws of the land.

6. Meanwhile, I wish to entreat the media to be circumspect in their reportage on the matter.

7. As you are aware, the relations between Ghana and Nigeria predate the independence of both countries and are bound by blood ties. Over the years, these relations have been nurtured and have produced excellent cooperation between our two countries manifested by the excellent relations between our current Presidents, President Muhammadu Buhari and President Nana Akufo-Addo, who have spoken on this matter.

8. Ghana remains a law-abiding country which upholds the principles of the rule of law where due process is followed at all times.

Members of the Media,

9. In conclusion, let me assure the diplomatic community in Ghana, and the High Commission of Nigeria in particular, that the Government of Ghana will not relent on its primary obligation to protect and guarantee the safety of the Members of the Diplomatic Corps.

10. I thank you for your attention.