Frequently Asked Questions

Question 1

Who are the Benimasi-Boadi community?

Accepted Answer

The Benimasi-Boadi community are the Indigenous people of the Boadi locality near Kumasi, Ghana, in the Ashanti Region. They are lineal descendants of the Huahi Achama Tutuwaa Royal Family — a lineage that traces directly to Oheneyere Huahi Yaa Achama Tutuwaa, the lawfully wedded spouse of Asantehene Otumfuo Osei Tutu I, the founder of the Ashanti Empire. The community has maintained continuous, open, and uninterrupted physical possession of their ancestral lands for centuries, executing leases, farming, and residing on the land without challenge.

Question 2

How large is the Benimasi-Boadi ancestral land?

Accepted Answer

The Benimasi-Boadi ancestral land comprises 1,298.33 acres at the Boadi locality, Kumasi, Ghana. This was formally confirmed by the Ashanti Regional Director of Survey in Plan No. SGA/A296/2019, approved on December 18, 2020, and stamped by the Land Valuation Division as LVD/ASR/3013/2021. The Lands Commission subsequently issued Search Report Certificate No. KSI. 239/2021 on January 29, 2021, confirming the Family's legitimate rights to the Boadi lands are valid and unencumbered.

Question 3

What is the origin of the Benimasi-Boadi land rights?

Accepted Answer

The 1,298.33 acres were granted by His Majesty Asantehene Otumfuo Osei Tutu I — founder of the Ashanti Empire — to his lawfully wedded spouse, Oheneyere Huahi Yaa Achama Tutuwaa, as a valid inter vivos (lifetime) personal gift. Because the land was acquired in her personal capacity — not as Stool Land — it became indefeasibly Family Land. This distinction is critical under Ghanaian law: Family Land is privately owned by the lineage and cannot be appropriated by the state or any institution without the family's free, prior, and informed consent.

Question 4

What is the sacred burial ground at the centre of this dispute?

Accepted Answer

The central, undivided core of the Benimasi-Boadi land was consecrated as an ecological nature reserve and cultural heritage site, housing the sacred burial grounds of Oheneyere Huahi Yaa Achama Tutuwaa herself. This site holds profound spiritual, cultural, and historical significance for the Huahi Achama Tutuwaa Royal Family and the broader Ashanti heritage. KNUST has been actively constructing on and around this sacred site — including roads, buildings, and infrastructure — without the family's consent, in direct violation of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP).

Question 5

What does the word 'Benimasi' mean?

Accepted Answer

Benimasi is an Akan dialect phrase meaning "come and learn our roots." The name itself embodies the community's deep bond with Ashanti heritage and their identity as custodians of ancestral knowledge, cultural memory, and the physical land that holds their ancestors. It is a name that speaks to the community's role as living guardians of a heritage that predates the modern Ghanaian state.

Question 6

Has the Ghanaian government's own land authority confirmed the Family's title?

Accepted Answer

Yes. The Lands Commission — Ghana's statutory land registration authority — issued Search Report Certificate No. KSI. 239/2021 on January 29, 2021, confirming that the Huahi Achama Tutuwaa Royal Family's rights to the Boadi lands are valid and unencumbered. The certificate found that KNUST holds no lawful interest in these lands. This is the government's own land authority contradicting KNUST's claim — a fact that is central to the current High Court proceedings.

Question 7

Why does KNUST have no legal claim to the Benimasi-Boadi lands?

Accepted Answer

KNUST's claim rests entirely on a 60-year Mother Lease Indenture dated May 24, 1968, which expired by operation of law on March 31, 2010. Three independent legal grounds extinguish KNUST's claim: (1) The lease's own description of the demised area named Bomso, Agyigya, Kentinkrono, Anwomaso, Ayeduase, Kyirapatre, Ahinsan, Bebre, and Femusua — conspicuously omitting Boadi and Benimasi — proving these lands were never legally part of the demised premises. (2) The lease expired in 2010 and was never lawfully renewed. (3) The Benimasi-Boadi lands are Family Land, not Stool Land, and were never subject to government acquisition in the first place.

Question 8

What is the 1968 Mother Lease Indenture?

Accepted Answer

The Mother Lease Indenture was a formal agreement dated May 24, 1968 between the Government of Ghana and KNUST, demising a defined area of land for educational purposes commencing April 1, 1950. The lease was for a fixed term of sixty (60) years, explicitly expiring on March 31, 2010. Crucially, the lease's geographic description of the demised area did not include Boadi or Benimasi — the very lands KNUST now claims. This omission is not a technicality; it is the foundational legal proof that KNUST's occupation of the Benimasi-Boadi lands was never authorised.

Question 9

What happened when the lease expired in 2010?

Accepted Answer

When the 60-year Mother Lease expired on March 31, 2010, KNUST's leasehold interest was automatically extinguished by operation of law. The land reverted ipso facto to the Family as the undisputed allodial owner. Despite this, KNUST purported to obtain a 'Renewal Lease' from the Government of Ghana — a legal nullity, as the Government had no subsisting interest to renew (nemo dat quod non habet: one cannot give what one does not have). The purported renewal is unconstitutional, null, void, and of no legal effect ab initio.

Question 10

What is KNUST actually doing on the land?

Accepted Answer

KNUST has progressively expanded infrastructure — roads, academic buildings, residential facilities, and commercial developments — onto Benimasi-Boadi ancestral land. More gravely, KNUST has been actively constructing on and around the sacred burial grounds of Oheneyere Huahi Yaa Achama Tutuwaa, despite a court order requiring KNUST to execute a GH¢1,000,000 undertaking (payable to the Plaintiff if the action succeeds). Construction on the sacred heritage site has continued unabated even after this court order. KNUST has also been selling portions of the land to private third parties — purporting to convey title it does not legally possess.

Question 11

What did the KNUST Chancellor say publicly about land rights?

Accepted Answer

The Chancellor of KNUST publicly stated that there is no such thing as family land in the Ashanti region — a statement in direct contradiction of the Constitution of Ghana, the Land Act 2020, and established customary law principles. He further publicly threatened that anyone who challenged him would have to face "his wrath" and asserted that no court could overturn any decision he makes. These statements, made by an individual who simultaneously holds the position of Chancellor of a public university, represent a direct challenge to the rule of law, judicial independence, and the constitutional rights of Indigenous land defenders in Ghana.

Question 12

What is allodial title and why does it matter?

Accepted Answer

Allodial title is the highest and most absolute form of land ownership recognised under Ghanaian law. It is the root of all other land interests — no other party can claim a superior title to an allodial owner. The Huahi Achama Tutuwaa Royal Family holds unencumbered allodial title to the Benimasi-Boadi lands, which has never been lawfully extinguished. This means that even if KNUST had a valid lease (which it does not), the Family's underlying allodial title would remain intact. KNUST's purported occupation is therefore not merely a boundary dispute — it is an unlawful trespass on land whose ownership has never passed to any other party.

Question 13

Has a court previously recognised the Family's title?

Accepted Answer

Yes. The Kumasi Metropolitan Area (KMA) Circuit Court, in Suit No. A1/73/2023 (Abusuapanin Odeneho Odehye Nanaba Kwabena Badu v. Nana Kwame Adu and Mr. Wobil), judicially affirmed the Huahi Achama Tutuwaa Royal Family's ownership and title to the Boadi lands. This judgment constitutes binding judicial recognition of the Family's allodial rights and is relied upon as Exhibit G in the current High Court proceedings. Additionally, the 2020 High Court Judgment by Justice Senyo Amedahe (Suit No. C1/65/2020) also passed in the Family's favour — though it was controversially set aside through an irregular third-party application, which is now subject to appeal.

Question 14

What is Suit No. ASH/ADK/HC/E1/177/25?

Accepted Answer

Suit No. ASH/ADK/HC/E1/177/25 is the formal case reference for Benimasi-Boadi v. KNUST, filed on June 25, 2025 in the High Court of Justice (Land Division), Kumasi, Ghana. The Plaintiff is Abusuapanyin Odeneho Odehyee Nanaba Kwabena Badu, suing for and on behalf of the Huahi Achama Tutuwaa Royal Family of Boadi, per his Lawful Attorney Nana Kwesi Osei Bonsu. The Defendants are KNUST (1st Defendant) and the Lands Commission (2nd Defendant). Lead Counsel for the Plaintiff is Peter Nii-Adjei Blebo, Esq. Trial is scheduled to commence on 21 October 2026.

Question 15

What relief is the Family seeking in court?

Accepted Answer

The Family is seeking five categories of relief: (1) A High Court declaration that the purported lease executed in favour of KNUST by the Government of Ghana, affecting 1,298.33 acres at Boadi locality, is unlawful, unconstitutional, and void ab initio. (2) An order directed at the Lands Commission to cancel and expunge all records, registrations, and certificates affecting the Boadi lands in favour of KNUST. (3) A permanent injunction restraining KNUST from any further encroachment, development, or construction on the Boadi lands. (4) Full damages for trespass, destruction of the sacred heritage site, and unlawful sales to third parties. (5) Any further orders the court deems just and equitable.

Question 16

When is the trial and what will it determine?

Accepted Answer

The landmark trial is confirmed to commence on 21 October 2026 at Ghana's High Court of Justice (Land Division), Kumasi. The case will determine: whether KNUST's purported lease is void ab initio; whether the Renewal Lease obtained after 2010 is unconstitutional and of no legal effect; whether KNUST's decades-long occupation and ongoing desecration of the sacred burial grounds constitutes an unlawful trespass; and whether full restitution, compensation, and damages are owed to the Huahi Achama Tutuwaa Royal Family.

Question 17

What happened to Nana Kwesi Osei Bonsu for defending the community?

Accepted Answer

Nana Kwesi Osei Bonsu — the court-recognised lawful attorney for the Huahi Achama Tutuwaa Royal Family — suffered severe retaliation for his advocacy. He was unlawfully detained in police custody for six days and subjected to torture. The head of the Benimasi-Boadi family was abducted and taken to the Palace, where he was publicly humiliated and tortured in the presence of the Chancellor. A Public Lands Officer who had validated the Family's land ownership rights disappeared without explanation. Nana Kwesi Osei Bonsu was also criminally charged with 'selling land without title' — a charge for which he was ultimately acquitted and discharged after a lengthy trial. The Human Rights Division of the Accra High Court (Suit No. HR/0026/2023) subsequently declared that his fundamental human rights were violated.

Question 18

What happened at the UN Permanent Forum on Indigenous Issues?

Accepted Answer

Land Rights Defenders has addressed the UN Permanent Forum on Indigenous Issues (UNPFII) in New York for two consecutive years. At the 23rd Session (April 2024), Nana Kwesi Osei Bonsu presented documented evidence of the Benimasi-Boadi dispossession, detailed the pattern of systemic harassment of Indigenous land defenders in Ghana, and called on member states to uphold FPIC (Free, Prior and Informed Consent) principles and enforce the Land Act 2020. At the 24th Session (April 2025), the statement detailed the allodial title derived from King Osei Tutu I, the Circuit Court victory, and called for Global South Indigenous recognition and for international bodies to hold Ghana accountable to its UNDRIP obligations.

Question 19

What happens if the community wins the court case?

Accepted Answer

A court victory would result in: a binding judicial declaration that KNUST's lease is void and that the Family holds unencumbered allodial title; an order cancelling all KNUST-related land records at the Lands Commission; a permanent injunction stopping all further construction and encroachment; and full damages for decades of unlawful trespass, destruction of the sacred heritage site, and sales of Family Land to third parties. Beyond the immediate legal remedy, a victory would set a landmark precedent for Indigenous land rights in Ghana and the Global South — demonstrating that allodial title cannot be extinguished by institutional pressure, expired leases, or state complicity.

Question 20

What is UNDRIP and how does it apply to this case?

Accepted Answer

UNDRIP — the United Nations Declaration on the Rights of Indigenous Peoples — is the most comprehensive international instrument on the rights of Indigenous peoples. It affirms Indigenous peoples' rights to their lands, territories, and resources; their right to free, prior, and informed consent (FPIC) before any development affecting their lands; and their right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned lands. Ghana is a signatory to UNDRIP. The Benimasi-Boadi case involves violations of Articles 8 (protection from dispossession), 10 (no forced relocation), 11 (cultural heritage protection), 25 (spiritual relationship with lands), and 26 (rights to lands traditionally owned).

Question 21

What is the Land Act 2020 and what does it say about this case?

Accepted Answer

The Land Act 2020 (Act 1036) is Ghana's primary land legislation, consolidating and modernising the country's land laws. It explicitly recognises and protects customary land rights, including allodial title held by families and communities. The Act requires that any dealing in customary land be conducted with the free, prior, and informed consent of the rightful owners. The Kumasi Traditional Council's assertion of absolute control over all Ashanti region lands — and the KNUST Chancellor's public statement that family land does not exist in Ashanti — directly contradict the Land Act 2020. Land Rights Defenders has called on the Government of Ghana to enforce the Land Act 2020 without exception.

Question 22

What has the Government of Ghana done in response?

Accepted Answer

Despite the Lands Commission's own Search Report (KSI. 239/2021) confirming the Family's title and finding KNUST holds no lawful interest in the land, the Government of Ghana has failed to take effective action. The Human Rights Division of the Accra High Court (Suit No. HR/0026/2023) declared that Nana Kwesi Osei Bonsu's fundamental human rights were violated — yet the government failed to provide effective remedies or hold the violators accountable. The KNUST Chancellor's public statements rejecting the existence of family land in Ashanti have gone unchallenged by government authorities, demonstrating a lack of political will to enforce constitutional and statutory land rights protections.

Question 23

Why does this case matter beyond Ghana?

Accepted Answer

The Benimasi-Boadi case is a microcosm of a global pattern: Indigenous communities across the Global South facing dispossession by state-backed institutions, with legal systems that are slow to protect them and international bodies that are slow to notice. A victory here would demonstrate that allodial title — the highest form of Indigenous land ownership — cannot be extinguished by institutional pressure, expired leases, or state complicity. It would strengthen the precedent that UNDRIP obligations are enforceable, that FPIC is not optional, and that the Global South's Indigenous land defenders deserve the same international attention as those in the Global North.

Question 24

What is FPIC and has it been respected in this case?

Accepted Answer

FPIC — Free, Prior and Informed Consent — is the principle that Indigenous peoples must give their free, prior, and informed consent before any development, construction, or use of their lands. It is enshrined in UNDRIP and is a cornerstone of international Indigenous rights law. In the Benimasi-Boadi case, FPIC has been systematically violated: KNUST expanded onto the ancestral lands without any consultation, without any consent, and without any compensation. Construction on the sacred burial grounds continues to this day without the Family's consent. The petition specifically calls on international bodies to hold Ghana accountable to its FPIC obligations.

Question 25

How do I sign the petition?

Accepted Answer

Visit landrightsdefenders.org/petition to add your signature. You will need to provide your first name, last name, email address, and country. The process takes under 60 seconds. After signing, you will receive a confirmation email. Your signature is added to the official petition record submitted to the Government of Ghana, the UN Permanent Forum on Indigenous Issues, and other international human rights bodies. Organisations — including NGOs, academic institutions, legal associations, and civil society groups — can also sign as institutional signatories by selecting the 'I am signing on behalf of an organisation' option.

Question 26

Is Land Rights Defenders a registered nonprofit? Are donations tax-deductible?

Accepted Answer

Yes. Land Rights Defenders Inc. is a registered 501(c)(3) nonprofit organisation incorporated in the United States (EIN: 92-3820306). The organisation was founded in April 2023 to provide an international institutional platform for the Benimasi-Boadi community's legal and advocacy work. Donations made by US taxpayers are fully tax-deductible to the extent permitted by law. Donations fund court costs, legal representation, community documentation, GPS land surveys, travel to UN advocacy sessions, and international outreach. You can donate at landrightsdefenders.org/donate.

Question 27

Can organisations sign the petition as institutional signatories?

Accepted Answer

Yes. Organisations — including NGOs, civil society groups, academic institutions, legal associations, faith communities, and professional bodies — can sign the petition as institutional signatories. Institutional signatures carry significant additional weight when the petition is formally submitted to the Government of Ghana and UN bodies, as they demonstrate that the international civil society community — not just individuals — stands behind the call for justice. To sign as an organisation, select the 'I am signing on behalf of an organisation' option on the petition form and enter your organisation's name.

Question 28

How can I share the petition and why does it matter?

Accepted Answer

You can share the petition via WhatsApp, X (Twitter), Facebook, and LinkedIn directly from the petition page at landrightsdefenders.org/petition. Every share matters: the petition has reached signatories in over 30 countries, and each new country represented strengthens the case that this is a matter of global concern — not just a local dispute. When sharing, consider adding a personal note explaining why you care about Indigenous land rights. Personal messages are far more effective than generic shares. The petition share text is pre-written for you on the page.

Question 29

What happens to my signature after I sign?

Accepted Answer

Your signature is added to the official petition record maintained by Land Rights Defenders. The petition is formally submitted to the Government of Ghana, the UN Permanent Forum on Indigenous Issues, and other relevant international human rights bodies. Signatures are presented as evidence of global public concern at advocacy sessions, including formal oral statements at the UN. If you opted in to press releases, you will receive updates on the case — including the October 2026 trial — directly to your inbox. Your email address is never shared publicly; only your name and country appear on the petition.

Question 30

Can I volunteer or get more involved?

Accepted Answer

Yes. Land Rights Defenders welcomes volunteers with skills in legal research, communications, social media, translation, fundraising, event organisation, and community outreach. Visit landrightsdefenders.org/get-involved to learn about current volunteer opportunities and to submit an expression of interest. You can also help by: writing to your local Member of Parliament or Senator about the case; contacting journalists and media outlets to cover the story; hosting awareness events at your university, workplace, or community organisation; and connecting Land Rights Defenders with potential donors, legal partners, or advocacy networks.

Question 31

How can I stay informed about the October 2026 trial?

Accepted Answer

The best way to stay informed is to sign the petition (which gives you the option to receive press releases and case updates) and to follow Land Rights Defenders on social media. The /cases/knust page at landrightsdefenders.org includes a live countdown to the October 21, 2026 trial date and a full timeline of the case. You can also subscribe to the newsletter via the footer of any page on the site. As the trial date approaches, Land Rights Defenders will issue press releases, social media updates, and advocacy calls to action — all of which you will receive if you are subscribed.

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