Information gathered has indicated that the National Security Coordinator, Mr. Edward Asomani, has directed security operatives to comply with a high court order restraining them from encroaching, developing, dealing with or having anything to do with a piece of land that belongs to Cascade Development Company (CDC) Limited.
High Court presided over by Justice Kwame Gyamfi Osei, on April 20, 2023, on the instance of an application by the lawyer for CDC, Gabby Asare Otchere Darko of Africa Legal Associates (ALA), injuncted the Attorney General (representing National Security) and the Lands Commission from accessing the land in dispute.
“It is hereby ordered that the defendants (Attorney General and the Lands Commission), either by themselves, their agents, privies, especially the Minister of National Security, grantees, assigns, servants, workmen, allottees and successors in interest, other alienees and relations whatsoever and howsoever described are restrained from encroaching, developing, dealing with or having anything to do with all that piece or parcel of land known as site for conference centre” the high court judge stated in his order.
On Saturday, 15 April 2023, security operatives stormed the site, known as the site for conference centre, early, and began building a fence wall some 10 acres into the land where the Kempinski hotel is currently situated.
The directive of the national security coordinator followed the order of the High Court.
Background
The land in question was leased to CDC and Gold Coast Resorts (GCR) Limited in 2007, under a sublease agreement with the Ghana Tourist Board, and is adjacent to the Accra Conference Centre.
It was agreed that the site would be redeveloped to include a five-star hotel, shopping mall, office and residential buildings.
The Parliament of Ghana subsequently approved a Government Support Agreement covering the transaction.
However, the Ministry of National Security disputes CDC’s claim to the land, stating that it forms part of “National Security Lands”.
Land documents cited by Asaase News show that a letter from the National Security Council (NSC) in 2009 ordered CDC to stop work on a construction project being undertaken by Zakhem Construction Limited.
The NSC claimed that the works posed a risk to national security interests and demanded that all work be halted while the security threat was examined.
CDC responded by providing all documentation relating to the project, including the proof of approval by Parliament, its registration documents, and all permits secured for the construction works.
In December 2009, the NSC gave permission for works on the hotel component of the project to resume, leading to the completion of the plush edifice now known as the Kempinski Hotel.
However, CDC was to desist from undertaking the construction of the other components of the project and was requested to cooperate with the NSC to demarcate a portion of the land which, in the estimation of the NSC, would serve as a buffer that would ensure national security interests are satisfactorily safeguarded.
The request for demarcation was however met with objections from the CDC who accused the NSC of unlawful expropriation of private land.
ALA is said to have advised CDC to seek redress in court, which led in part to the interim injunction issued last Friday.
