 ARRANGEMENT OF SECTIONS

Section

1. Appointment of Commission

2. Terms of Reference

3. Mode of Operation of Commission

4. Appearance of Counsel

5. Privileges and Immunities of Witnesses and Counsel

6. Expenses in relation to Commission

7. Public Officers to Assist Commission

WHEREAS the President is satisfied that there should be appointed a Commission of Inquiry into the payment of compensation for lands acquired by Government for development projects;

NOW THEREFORE, in exercise of the powers conferred on the President by clause (1) of article 196 of the Constitution, this Instrument is made this 3rd day of April, 1980.

Section 1—Appointment of Commission.

There is hereby appointed a Commission of Inquiry consisting of the following persons:—

Mr. Justice Nii Amaa Ollenu, Retire Appeal Court Judge  . .       . .        . .       . .    Chairman

Dr. E. A. Gyasi, Department of Geography, University of Ghana, Legon       . .    Member

Togbe Adza Tekpor VI, Osie of Avatime Traditional Area        . .        . .       . .    Member

Mr. S. A. X. Tsegah, Legal Practitioner, Accra      . .       . .        . .       . .       . .    Member

Mr. Y. A. Opeku (Valuer), Ghana Commercial Bank        . .        . .       . .       . .    Member

Mr. P. A. Dako, Auditor-General’s Department     . .       . .        . .       . .       . .    Member

Mr. A. N. Nartey, Ministry of Lands, Natural Resources, Fuel and Power        . .     Member/Secretary.

Section 2—Terms of Reference.

The terms of reference of the Commission shall be—

(a) to review the procedures for working out the amounts due to claimants in respect of land compulsorily acquired by the Government.

(b) To review the procedures for payment of compensation to such claimants;

(c) To review the existing laws for determining the ownership of land and the payment of compensation in respect of land and the compulsorily acquired by the Government with a view to ensuring that payment of such compensation is made to the persons entitled thereto;

(d) To investigate any allegations of malpractices in the payment of compensation for land compulsorily acquired by the Government; and

(e) To investigate any other matter which appears to the Commission to be reasonably related to the foregoing and which in the opinion of the Commission ought to be investigated.

Section 3—Mode of Operation.

The Commission shall carry out its inquiry in accordance with the provisions of articles 197, 198 and 199 of the Constitution.

Section 4—Appearance of Counsel.

1. Any person whose conduct is the subject of inquiry by the Commission or who is in any way implicated or concerned in any matter under investigation by the Commission shall be entitled to be represented by Counsel at the inquiry.

2.  Any other person who may consider it desirable that he should be represented by Counsel may be allowed by the Commission to be so represented.

Section 5—Privileges and Immunities of Witnesses and Counsel.

A witness or counsel appearing before the Commission shall be entitled to the same privileges and immunities as a witness or counsel appearing before the High Court.

Section 6—Expenses in Relation to Commission.

1.  Any witness summoned by the Commission shall be entitled to such allowances as are payable to a witness summoned by the High Court in a criminal trial.

2.  The Chairman and other members of the Commission and any person employed in relation with the functions of the Commission may be paid such travelling, sitting and other allowances, if any, as the President may approve on the recommendations of the Minister responsible for Finance.

Section 7—Public Officers to Assist Commission.

1.  The Attorney-General shall appoint counsel for the Commission

2.  The Inspector-General of Police shall detail Police Officers to attend upon the Commission to serve summonses on witnesses and to perform such other functions relating to the Commission as the members of the Commission may direct.

DR. HILLA LIMANN

President

Date of Gazette Notification: 18th April, 1980.

 