WIN JUSTICE
The Issue
I. Introduction
This petition is submitted on behalf of Nana Kwesi Osei Bonsu, also known as, Bashirudeen Bonsu an arriving alien granted humanitarian parole on March 16, 2023. This petition seeks support and protection from persecution in Ghana, predicated on a well-founded fear of reprisal, torture, and assassination by state and non-state actors, specifically the Asantehene Otumfuo Osei Tutu II and elements of the Ghana Police Service. This submission is in direct connection with the report prepared by Trupti Patel, issued by the U.S. Department of Homeland Security on March 7, 2023, regarding my testimony.
II. Background and Factual Allegations
The persecution and harassment against me and the Huahi Royal Family stem from a land dispute concerning the Benimasi-Boadi Lands. These lands were conveyed to my ancestress, Oheneyere Huahi Yaa Achama Tutuwaa, by way of an absolute gift from her husband, Asantehene Osei Tutu I, generations ago. This historical conveyance, a matter of public record and oral tradition, established a permanent and inalienable right to the lands for the Huahi Royal Family.
On two distinct occasions—October 27, 2021, and November 18, 2021—the current Asantehene, Otumfuo Osei Tutu II, publicly and disparagingly pronounced:
“The lands are mine, there is no family land in Ashanti region. Therefore, no Abusuapanin have right to alienate lands to private developers. Take it to court and I will make sure court overturns the decision. I have cancelled your family lineage from enjoying their inalienable rights of inheritance to the Boadi Lands. I am the reincarnated Osei Tutu and have taken back the lands. Anyone who disobeys my authority shall face my wrath.”
This declaration, made with the specific intent to divest the Huahi Royal Family of its vested rights and humiliate its leadership, constitutes a clear abuse and usurpation of power. The Asantehene, in his fiduciary capacity, has no legal authority to unilaterally abrogate established customary land rights, particularly those founded on a valid and eternal gift from his predecessor. This action has provoked widespread condemnation from prominent legal and social commentators, including Honorable Inusah Fusseini, a constitutional lawyer who publicly termed the Asantehene’s threats as a danger to the rule of law in Ghana.
III. Manifestation of Persecution
The Asantehene’s declarations were not mere words; they incited and directly led to actions of state-sponsored persecution.
Arbitrary Arrest and Torture: As a representative of the Huahi Royal Family and a director of Milton Investments Limited, I was unlawfully arrested, tortured, and detained by the Ghana Police Service for six days in connection with a land transaction. I was subsequently charged with spurious criminal counts, including “Conspiracy to make a grant of land without title” and “Grant of Land without title.” These charges, orchestrated under the undue influence and incitement of the Asantehene, were intended to punish me for asserting my family’s legal rights. The Circuit Court, in Suit No. D2/06/22, ultimately acquitted and discharged me on February 16, 2023, thereby validating the legitimacy of my claims and exposing the malicious nature of the prosecution.
Brutality Against Family Members: My uncle, Odehye Nanaba Kwabena Badu, was similarly subjected to police brutality, abduction, and public humiliation at a gathering in the Manhyia Palace on November 18, 2021. This demonstrates a clear pattern of persecution against my family by both the Asantehene and the Police Service, who act as his enforcers.
Mysterious Disappearance of Key Witness: The pattern of intimidation extends beyond my family. Rhodaline Amoah Darko, a Public Lands Officer, who had issued an official report bearing Certificate NO. KSI.23/2021 more particularlyaffirming the legitimacy of my family’s ownership of the ancestral lands, disappeared under mysterious circumstances. Her disappearance remains unresolved, with her case still pending investigation before the courts. This incident serves as a chilling warning to anyone who would dare to challenge the Asantehene’s authority and provides a stark example of the dangers faced by those who support our cause.
Lack of Effective Remedy: I filed a human rights suit against the Ghana Police Service and the Attorney General’s Department in the Human Rights Division of the High Court of Justice (Suit No. HR/0026/2022). Although the court ruled in my favor on January 31, 2023, the judgment provided no effective remedy, leaving me without recourse and emboldening the perpetrators. This lack of judicial protection confirms the government’s unwillingness to hold these powerful individuals accountable.
Threats and Intimidation: Since my acquittal, I have been subjected to continuous threats and harassment from unidentified individuals, who explicitly link their threats to the Asantehene’s wrath and demand that I cease protecting my family’s heritage. These threats constitute a credible and immediate danger to my life.
IV. Legal Basis for Support
My claim for protection is supported by the legal and customary principles governing land tenure in Ghana, which the Asantehene has disregarded.
Binding Nature of Gifts: The gift of the Benimasi-Boadi Lands by Asantehene Osei Tutu I to his wife is legally binding on all his successors. As codified in Section 2 of the Land Act, 2020 (Act 1036), allodial title acquired through a gift is indefeasible. This principle is further affirmed by Ghanaian case law, including Amankwah v. Kyere [1963] 1 GLR 409, Fenuku v. John Teye [2001-2002] SCGLR 985 and Yoguo & Anr. V. Agyekum & Ors. Ollennu JSC G B R 482 – 520 June 1966 which hold that a vested right or interest in land cannot be unilaterally affected by a later authority or law.
Persecution on Account of Political Opinion: The persecution I face is not merely a private dispute; it is a direct consequence of my opposition to the Asantehene’s arbitrary and tyrannical exercise of power. My actions in defending my family’s land rights are viewed as a challenge to his authority, constituting a political opinion for which I am being persecuted.
V. Conclusion and Prayer for Support
This petition is not merely a personal appeal for protection; it is a clarion call to action for all defenders of human rights, justice, and the rule of law. The persecution I have endured, orchestrated by a powerful and well-connected figure with the tacit approval of state institutions, represents a grave threat to the fundamental rights of every Ghanaian citizen. It is a stark reminder that in some parts of the world, power, not principle, dictates justice.
I, therefore, appeal directly to human rights organizations, philanthropists, opinion leaders, and the international diplomatic community. This is a moment to stand in solidarity with those who face tyranny and oppression. Your support—whether through advocacy, diplomatic pressure, or financial assistance—is critical to holding powerful individuals accountable and ensuring that the rule of law prevails over the arbitrary dictates of power. I implore you to join my cause, not just for my safety, but for the future of all communities facing similar abuses.
