We are witnessing the abuse of of Criminal Offences Act – NPP’s Isaac Yaw Opoku

The New Patriotic Party (NPP) has raised concerns about a provision in the newly passed Ghana Cocoa Board Bill, 2026, saying it could place excessive restrictions on cocoa farmers and landowners.

The party is particularly concerned about Clause 81 of the Bill, which seeks to restrict the conversion or destruction of cocoa farms for purposes other than cocoa cultivation without prior authorisation.

The NPP says the provision could affect the rights of people who own or control land where cocoa farms are located.

NPP Questions Clause 81

Chairman of the NPP Policy Committee on Agriculture, Dr Isaac Yaw Opoku, raised the concerns during a press conference on Sunday, August 9.

According to him, Clause 81 could limit the ability of landowners to decide how their properties should be used.

He argued that the provision could create room for harassment, arbitrary arrests and extortion if it becomes law without further changes.

“It is our considered analysis that this provision is unenforceable as drafted and will lend itself to abuse, to arbitrary arrest, to extortion at the farm gate and to the harassment of an already struggling farming population,” he said.

The NPP believes the concerns are particularly important because many cocoa farmers are already facing economic difficulties.

What Clause 81 Seeks to Do

Clause 81 seeks to protect cocoa farms from being converted or destroyed for other purposes without the required authorisation.

Under the provision, a cocoa farm would have a protected status that could make it difficult for landowners to change how the land is used.

The restriction could apply even when the cocoa farm is located on private, family or stool land.

The NPP has questioned whether such restrictions are justified when landowners have invested their own money and resources in acquiring, developing and maintaining their properties.

NPP Warns of Possible Abuse

Dr Opoku also expressed concern about how the provision could be enforced.

He referred to what he described as existing concerns over the abuse of some sections of Ghana’s criminal laws.

The NPP agriculture policy chairman said similar problems could arise if Clause 81 is implemented without stronger safeguards.

“We say this against a background in which we are already witnessing the abuse of Sections 207 and 208 of the Criminal Offences Act, 1960, Act 29,” he claimed.

“We have no confidence that cocoa farmers will be spared,” he added.

The party therefore believes the government should consider how the provision could affect farmers at the community level.

Property Rights at the Centre of the Debate

One of the main issues raised by the NPP is property rights.

Dr Opoku argued that preventing landowners from freely determining how their land should be used could amount to a significant restriction on private property.

He also questioned the absence of compensation for such restrictions.

“These are significant infringements on private property rights imposed without compensation,” he stated.

The argument places the debate beyond cocoa production and into the wider question of how the state can regulate privately controlled land.

NPP Supports Cocoa Farm Protection

The NPP has stressed that it is not against measures designed to protect Ghana’s cocoa industry.

The party acknowledges the importance of preventing the indiscriminate destruction of cocoa farms.

However, it believes such measures must strike a balance between protecting the cocoa sector and respecting the rights of farmers and landowners.

According to the party, regulations should not place an unreasonable burden on people who own or legally control the land.

The NPP is therefore calling for additional scrutiny of Clause 81 before the legislation receives presidential assent.

NPP Calls for Wider Consultation

The opposition party has called for broader stakeholder consultation on the Bill.

It wants concerns raised by farmers, landowners and other stakeholders to be considered before the legislation becomes law.

The party believes further discussions could help identify possible problems with the provision and create safeguards against abuse.

The debate is likely to attract attention because cocoa remains one of Ghana’s most important agricultural sectors.

Parliament Has Already Passed the Bill

Parliament passed the Ghana Cocoa Board Bill, 2026, on Thursday, July 30.

The legislation forms part of reforms aimed at strengthening the governance and sustainability of Ghana’s cocoa sector.

The Bill has now been passed by Parliament and is awaiting presidential assent.

If it receives presidential assent, the provisions will become part of the legal framework governing Ghana’s cocoa industry.

The concerns raised by the NPP could therefore add to the discussions surrounding the implementation of the new legislation.

What Happens Next?

The immediate focus is now on the government’s response to the concerns raised by the opposition party and whether any further discussions will take place before presidential assent.

The central issue is how Ghana can protect its cocoa farms while also respecting the property rights of farmers and landowners.

For the NPP, Clause 81 requires further examination before it becomes law.

For Ghana’s cocoa sector, the broader goal remains protecting productive farmland and ensuring the industry remains sustainable for future generations.

The coming days could therefore be important as stakeholders continue to debate the balance between cocoa farm protection, land ownership and the rights of farmers across the country.