Access to the High Court for the determination of compensation
It is stated there in black and white that the access to the High Court may either be direct or on appeal from a determination by other authority. So the impression created by the plaintiff that article 20(2)(b) conferred direct access to the courts is clearly misconceived and, in fact, is opposite what is stated in article 20(2)(b). Act 703 provides that access to the High Court shall be after a determination by other authority, in this case, the Minister, so the Constitution has not been violated.
Compulsory acquisition distinguished from taking possession of land
Compulsory taking possession of lands for mining has been taking place in this country under mining legislations from colonial times and this cannot be confused with compulsory acquisition which is regulated by different legislation. It use to be the State Lands Act, 1962 (Act 125), and now the Land Act (supra). On the lapse of a mining lease, the land automatically reverts to the owners and does not belong to the state, whereas with compulsory acquisition, the land on acquisition remains state land forever, unless the government returns it to the original owners.
Compulsory acquisition distinguished from vested lands
The jurisprudence on land acquisition clearly makes a distinction between land compulsorily acquired and vested in the President and vested lands which the President holds in trust for the people of Ghana, or certain communities. Vested lands are lands held in trust by the President for the communities by which the State or President acquires the legal title, to enable the State to manage same in the public interest, while the owners retain the beneficial interest thereof.
It is important to emphasise, that a determination as to whether a parcel of land has been compulsorily acquired, lies not necessarily in the fact that there is some restriction to the use of the land by the owner and, or that some compensation has been paid to the owner. The ultimate effect of a compulsory acquisition after the certificate or the instrument of acquisition is published, is to extinguish the rights of the owner to the land, in exchange for a compensation to be paid, so that the land may be used in the public interest.
