Mensah Sarbah is a prominent figure known for his significant contributions to the domain of land rights and ownership in Ghana. He played a vital role in addressing the intricate issues surrounding land tenure systems and ownership in the country. His role extended to advocating for the rights of Africans during the fight against British colonialism in Ghana. In 1897, Sarbah co-founded the Aborigines’ Rights Protection Society (ARPS), the first political organization in Ghana advocating for African rights. This organization played a crucial role in opposing the Lands Bill of 1897, which sought to grant the British government control over all land in Ghana.
Sarbah argued against the Land Bill of 1897 in the Legislative Council that the bill was against the traditional system of African land tenure. The Governor at the time, Sir William Maxwell (1895-1923), refused to withdraw the bill which led to Sarbah advising ARPS to send a delegation to London to petition against the passage of the bill. This move succeeded in disallowing the bill, it is worthy to note that, Mensah Sarbah returned the 400 guinea fees given by ARPS because he felt it was an honor to serve his country. Again, it is worth mentioning that, ARPS used the money as seed capital for the establishment of media which published The Gold Coast Nation and The Gold Coast Times.
Mensah Sarbah and the ARPS successfully argued that this bill violated African land rights, leading to its eventual withdrawal. To him, land in Ghana belongs to the dead, the living, and the unborn. Today, the importance of land rights and ownership in Ghana cannot be understated, as they serve as fundamental pillars for socio-economic development, agricultural productivity, community cohesion, and overall environmental management. Sarbah’s key contributions to the discourse on land rights and ownership in Ghana include:
- Raising awareness of the importance of land rights: Sabah’s work helped to raise awareness of the importance of land rights among Africans. He argued that land was essential to the economic, social, and cultural well-being of Africans.
- Challenging the colonial government’s land policies: Sarbah challenged the colonial government’s land policies, which he argued favored European settlers at the expense of Africans. He argued that the colonial government should recognize the right of Africans to own their land and that it should protect this right by law.
- Articulating a vision for African land ownership: Sarbah articulated a vision for African land ownership that was based on customary law and community ownership. He argued that African land should be owned by individuals and communities, rather than by the government or by foreign companies. Sarbah’s work on land rights and ownership was highly influential. He is credited with laying the foundation for the modern land rights movement in Ghana. His work continues to be relevant today, as Africans continue to fight for their right to own and control their land.
- Recognition and influence: Sarbah’s work on land rights and ownership was recognized by both his contemporaries and later generations. He was awarded the Order of the British Empire in 1908 for his services to Ghana.
In 1960, the University of Ghana established the John Mensah Sarbah Hall in his honor. This honor was not in isolation from his work because Sarbah dedicated his time to contributing to the education of his compatriots. Sarbah promoted secondary school education, funded Wesleyan Mission, and renamed it to Collegiate School. In 1904 he founded Mfantsipim School and merged it with the Collegiate School as part of initiatives with William Edward Sam to promote Fanti Public Schools Limited. In addition, he funded a scholarship at Mfantsipim School and assisted in paying staff salaries. Sarbah House is named after him at Mfantsipim and it is said that he coined the school’s motto (‘Dwin Hwe Kan’, which means ‘Think and Look Ahead’).
The work of Sarbah has also been influential among scholars and activists. He published two books, Fanti Customary Law (1897), and Fanti National Constitution (1906). His ideas about land rights and ownership have been cited in numerous books and articles on the subject. His book, The Fanti Customary Law is regarded by lawyers as an indispensable book and forms the foundation for many authors on the subject of customary law in Ghana. Sarbah’s work has also been cited by activists who are fighting for land rights in Ghana and other African countries
Understanding the background of John Mensah Sarbah and the significance of land rights and ownership in Ghana allows for a deeper appreciation of the challenges and opportunities in this area of study.
In the pre-colonial era of Ghana, land rights and ownership were primarily governed by traditional land tenure systems. These systems were deeply rooted in the social fabric of Ghanaian communities, where land was seen as a communal resource rather than an individual asset. The authority to allocate and manage land was vested in traditional chiefs and elders, who ensured equitable distribution and sustainable use of land resources.
However, post-independence Ghana still grapples with challenges in land rights and ownership, such as urbanization, population growth, and land grabbing. Additionally, large-scale land acquisitions by foreign investors raise concerns about local community rights and food security. Ghana’s efforts to address these challenges include developing land policy frameworks and promoting inclusive and transparent land governance particularly the Lands Act 2020 (Act 1036).
In conclusion, John Mensah Sarbah’s contributions to the discourse on land rights and ownership in Ghana were significant and lasting. His work helped to raise awareness of the importance of land rights, challenge the colonial government’s land policies, and articulate a vision for African land ownership that was based on customary law and community ownership. The historical context of land rights and ownership in Ghana is characterized by the transition from traditional communal systems to individual land ownership during the colonial era, followed by post-independence land reforms and ongoing challenges in ensuring equitable land access and protection of customary land rights in the face of modern pressures. Sabah’s work continues to be relevant today, as Africans continue to fight for their right to own and control their land. Overall, Mensah Sabah’s work laid a solid foundation for future research and policy-making on land rights and ownership in Ghana. By building on Sabah’s findings and addressing the identified research gaps, Ghana can continue to progress towards a more equitable and sustainable land rights framework.
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She is a graduate of the University of Ghana, Legon, with a B.A. Philosophy and Sociology. She is passionate about positively impacting Ghanaian society with her studies. Currently, she is a research intern at both the Centre for Public Policy and Constitutional Governance and the Centre for Free Enterprise and Innovation at the YAFO Institute.
