The High Court in Kumasi, presided over by Justice Frederick Tetteh, has ordered Augustine Obeng Gyasi, a senior official of the Lands Commission, to produce a pivotal 2006 judgment delivered by Justice E.A. Ampadu.
The ruling allegedly affirms that all “Part 1” lands, including areas in Adum, Kumasi, are vested in the Government of Ghana in trust for the Golden Stool.
The directive came during an ongoing civil suit between Yvonne Appiah Poku and three others (plaintiffs) and Edwin N. Poku (defendant), concerning ownership of Plot No. 83, OTA Layout, Old Town Section A in Adum.
The dispute has grown into a broader legal battle over the ownership structure of Kumasi town lands.
Under cross-examination, Mr. Gyasi testified that Plot No. 83 is classified as a “Part 1” land—an area held by the Government in trust for the Golden Stool and the Kumasi State.
He claimed this arrangement was affirmed by the 2006 High Court ruling, following litigation against the Lands Commission.
However, when the self-representing defendant, E.N. Poku, asked for the ruling or related documents, Mr. Gyasi admitted he could not personally produce them and would need to consult the Commission’s Legal Department.
Justice Tetteh subsequently ordered the Lands Commission to produce the Ampadu judgment, the originating writ of summons, and any related consent judgments before the next hearing.
The defendant argues that the claim that Adum lands are held in trust for the Golden Stool is misleading. He maintains that the only official release of state lands to the Asantehene occurred in 2022 via a Legislative Instrument—a development widely reported in the media.
Tensions escalated when the defense attempted to submit a 2022 news article from MyJoyOnline reporting that President Nana Addo Dankwa Akufo-Addo had released 400 acres of land to the Asantehene.
The court, however, upheld an objection from the plaintiffs’ legal team, ruling the article inadmissible and marking it as “R.”
Represented by counsel Matthew Appiah Esq., Janet Amoah Mensah Esq., and Richard Acquah Esq., the plaintiffs insist the land in question belongs to the state and that all leases and titles have been issued lawfully.
The defendant contends that the land was originally granted to his late father, Francis Kojo Poku, and accuses the Lands Commission of acting unlawfully in reclassifying and reassigning it.
A key point of contention remains the authenticity of documents the Commission relies on to assert trusteeship for the Golden Stool. These include a 1973 indenture (Exhibit B8) between the Government and Ghana Properties Ltd., which Prosecution Witness 1 (PW1) claims reflects a shift in land management following the expiration of a 50-year lease in 1970.
The defense alleges forgery, citing formatting inconsistencies and the absence of identifiable signatories.
The defense further accused the Lands Commission of colluding with the Asantehene’s Land Secretariat in Asokwa to dispossess Kumasi natives and transfer land to non-indigenous individuals.
Mr. Gyasi denied these allegations, emphasizing the distinction between vested lands and state lands, and affirming that vested lands are managed on behalf of traditional authorities such as the Golden Stool.
He maintained that the Commission operates within legal frameworks and has a fiduciary duty to protect the Golden Stool’s interests.
He cited the purported 2006 Ampadu ruling as a turning point that led to a Memorandum of Understanding between the Lands Commission and the Golden Stool, under which all post-1970 leases are issued in the name of the Stool.
The High Court adjourned the case to November 7, 19, and 20, 2025, all at 11:00 a.m. The Lands Commission is expected to submit the requested legal documents, including the 2006 judgment, before proceedings resume.
