Nungua Mankralo: Rejects Tema Claims in Black Rock Jurisdiction Dispute

• The Nungua Mankralo's Office has rejected claims by Tema and Sanshie clans over the jurisdiction of Angmu T3, also known as The Meridian Rock.
• Nungua asserts that historical records, court rulings, and customary evidence confirm its authority over the Black Rock, a significant deity in Nungua Kple Spirituality.
• Evidence includes historical publications by M.J. Field and Carl Christian Reindorf, linking the Gborbu Wulomo Shitse to the site and its rites.
• An 1892 judgment by Chief Justice Hutchinson and a 1904 ruling by Crowther reportedly recognized Nungua's right of access to the Black Rock.
• Nungua maintains that the 1952 Tema Township acquisition altered administrative boundaries but did not extinguish traditional ownership or customary rights, a point reinforced by consultations for the 2016 Tema Port expansion.

Lawyers advising on land acquisition, real estate development, or infrastructure projects in Ghana, particularly in the Tema/Nungua area, must conduct thorough due diligence regarding customary land claims, reviewing historical judgments, customary evidence, and traditional authority assertions, as administrative boundaries do not always extinguish traditional ownership or rights, posing significant compliance and litigation risks.

The Nungua Mankralo's Office has firmly rejected assertions from the Tema and Sanshie clans concerning the jurisdictional control over Angmu T3, also known as The Meridian Rock. This rejection comes amidst a growing Nungua Black Rock jurisdiction dispute, where the Nungua authorities contend that comprehensive records, judicial decisions, and established customary evidence unequivocally place the site under Nungua's traditional authority. The controversy escalated following an earlier declaration by the Sanshie Clan of Tema, which challenged the Gborbu Wulomo's right to conduct customary rites at the rock, insisting that the location fell directly within Tema's purview.

During a press conference held in Nungua on Tuesday, Shwɔɔnɔtalɔ Tꞓstꞓ Nii Bortey Kofi Frankwa, the Nungua Mankralo Regent, emphasized the profound spiritual significance of the Black Rock, identifying it as one of the 99 deities integral to Nungua Kple Spirituality. He further explained that the annual Djenten rite is a deeply rooted Nungua tradition, exclusively performed by the Gborbu Wulomo Shitse, who serves as the town's spiritual leader. The Gborbu Wulomo Shitse's customary responsibilities include the performance of essential sacred rites for the community's various deities, underscoring Nungua's long-standing connection to the site.

The Nungua Mankralo's office presented a wealth of historical and customary documentation to substantiate its claims regarding the Nungua Black Rock jurisdiction dispute. Among the cited works was Professor M.J. Field's 1937 publication, "Religion and Medicine of the Ga People," which reportedly links all 99 Nungua deities to the Nuumo Gorbu Temple, locally known as Koomli, within Nungua tradition. Further support was drawn from Field's 1940 work, "Social Organisation of the Ga People," a widely referenced text that designates the Gborbu Wulomo Shitse as the traditional timekeeper responsible for announcing the town's significant rites and festivals.

Additional evidence reinforcing Nungua's spiritual custodianship and ritual authority over Angmu was found in Carl Christian Reindorf's 1895 publication, "History of the Gold Coast and Asante," which identifies Borkete Lawe as the priest of Angmu. The Nungua position was also bolstered by documentary records from a Bureau of Ghana Languages publication and a book authored by Dr. Joseph Nii Abakar Mensah, both of which affirm the Gborbu Wulomo Shitse's enduring association with Angmu and the annual Djenten rite. The Nungua authorities explicitly refuted any suggestion that Angmu and Oshwe are the same deity, clarifying that Angmu is recognized as Sebrebedu in Nungua Kple tradition, while Oshwe Yaado is a distinct deity with its own unique spiritual and customary responsibilities. This body of evidence highlights the intricate Ghana customary land law principles at play and the deep roots of Gborbu Wulomo customary rights in the area.

Addressing the Nungua Tema land boundary dispute directly, the Nungua Mankralo's office referenced significant historical legal rulings. These included an 1892 judgment delivered by Chief Justice Hutchinson and a subsequent 1904 ruling by Crowther, both of which, according to Nungua, acknowledged the community's right of access to Angmu, historically referred to as the Black Rock in the sea. These judgments are crucial in understanding the historical recognition of Nungua's claims, particularly the Hutchinson 1892 judgment Nungua and the Crowther 1904 ruling Black Rock.

Furthermore, the Nungua office contended that the compulsory acquisition of land for the Tema Township and Port in 1952, while altering administrative arrangements, did not nullify pre-existing traditional boundaries or customary rights. They stressed that administrative jurisdiction does not inherently confer traditional ownership, a critical distinction in Ghana customary land law. The Nungua authorities also challenged claims that Professor Field's work positioned the Tema-Nungua boundary at Asokplotsonaa, asserting that page 87 of her book contains no such statement, instead focusing on Ataa Sakumo's historical ties with Nungua. This clarification underscores the importance of precise interpretation of historical texts in land disputes.

The Nungua Mankralo's stance on the Nungua Black Rock jurisdiction dispute carries significant implications for land rights and development in the region. By asserting that administrative changes do not extinguish traditional ownership, Nungua highlights a fundamental principle of Ghana customary land law. This principle suggests that even with modern administrative demarcations, underlying customary rights and traditional boundaries can persist and must be acknowledged.

Further supporting their claim of traditional interest, the Nungua Traditional Authority pointed to the 2016 Tema Port expansion project. They noted that their consultation and permission were sought before the commencement of work, which they interpret as a clear recognition of Nungua's enduring traditional interest in the area. This incident serves as a practical example of how traditional authorities continue to exert influence and hold recognized rights over lands, even those subject to major national development projects. Lawyers advising on land acquisition, real estate development, or infrastructure projects in Ghana, particularly in the Tema/Nungua area, must conduct thorough due diligence regarding customary land claims, reviewing historical judgments, customary evidence, and traditional authority assertions, as administrative boundaries do not always extinguish traditional ownership or rights, posing significant compliance and litigation risks.

Lawyers advising on land acquisition, real estate development, or infrastructure projects in Ghana, particularly in the Tema/Nungua area, must conduct thorough due diligence regarding customary land claims. This case underscores the need to review historical judgments, customary evidence, and traditional authority assertions, as administrative boundaries do not always extinguish traditional ownership or rights, posing significant compliance and litigation risks.

Source: Original reporting via Ghanaian Times