By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Starr FmStarr FmStarr Fm
  • Home
  • Election Hub
  • General
    GeneralShow More
    AngloGold Ashanti Iduapriem commissions $1.1 million NICU at Tarkwa Municipal Hospital
    July 30, 2026
    Starrfm.com.gh
    YEA launches National Labour Migration Readiness Campaign to intensify public education on Labour Exchange Programme
    July 30, 2026
    Jospong Group invests in future: 118 AAC-RUDN graduate scholars return from Russia to boost food security
    July 30, 2026
    CHAPRO urges constitutional review to allow Mahama to seek 2028 mandate
    July 30, 2026
    Challenging Heights calls for probe into alleged cross-border baby trafficking network
    July 30, 2026
  • Business
    BusinessShow More
    Jospong Group invests in future: 118 AAC-RUDN graduate scholars return from Russia to boost food security
    July 30, 2026
    AngloGold Ashanti Iduapriem commissions $750,000 AI and Smart Systems Centre at UMaT
    July 29, 2026
    Heath Goldfields donates three transformers to Prestea-Huni Valley Constituency to improve power supply
    July 29, 2026
    Restoration efforts ongoing to fully bring power supply to all areas after system disturbance – Energy Ministry assures
    July 29, 2026
    There will be more demonstrations if VALCO remains under GIADEC – VALCO Board Chairman
    July 28, 2026
  • Politics
    PoliticsShow More
    CHAPRO urges constitutional review to allow Mahama to seek 2028 mandate
    July 30, 2026
    Gov’t committed to safeguarding Ghana’s peace through inclusive governance – Upper East Minister
    July 29, 2026
    Archbishop of Canterbury pays courtesy call on President Mahama
    July 28, 2026
    Parliament passes Tribunals Bill 2026 after contentious debate
    July 17, 2026
    GH¢11bn for Accra-Kumasi Expressway not paid to contractors yet – CAGD dismisses claims
    July 16, 2026
  • Entertainment
    EntertainmentShow More
    History made as 77: The Festac Conspiracy premieres to sold-out crowd in Zambia
    July 20, 2026
    X Lor opens new chapter as debut EP Tornado arrives on streaming platforms
    July 10, 2026
    Samsung Ghana powers culture and creativity at 2026 UG All Dance Carnival
    July 1, 2026
    Ghana Music Awards USA, WatsUp TV partner to amplify Ghanaian music on the global stage
    June 25, 2026
    WatsUp On Campus: Stonebwoy rocks UniMAC-IJ’s first-ever artiste night
    June 16, 2026
  • Sports
    SportsShow More
    Black Queens begin WAFCON campaign with convincing 2-0 win over Cape Verde
    July 30, 2026
    Black Stars
    Ghana at 2026 World Cup: Black Stars Show Promise but Miss Cutting Edge
    July 27, 2026
    Late Argentine comeback ends England’s dream, sets up World Cup final against Spain
    July 16, 2026
    Ghana gears up to host ITTF-Africa Hopes Week as Africa’s young stars converge in Accra
    July 13, 2026
    GFA denies claims of taking money from players for Black Stars call-ups, threatens legal action
    July 8, 2026
  • Technology
    TechnologyShow More
    AngloGold Ashanti Iduapriem commissions $750,000 AI and Smart Systems Centre at UMaT
    July 29, 2026
    Sambus Geospatial MD calls on Ga Mantse ahead of ESRI Conference West Africa 2026
    July 28, 2026
    GIMPA Tech Fair held as Samsung brings ‘Awesome Experience’ to event
    July 1, 2026
    Siniat joins ITALKOL and PIXEL PAINTS portfolio as ITALKOL celebrates a decade of industry impact
    June 23, 2026
    Child Rights International calls for ban on social media use for children under 17 in Ghana
    June 20, 2026
  • International
    InternationalShow More
    Korea commits US$38 million to strengthen Digital STEM education in Ghana
    July 8, 2026
    QNET joins EOCO, INTERPOL regional workshop to strengthen cross-border action against human trafficking and fraud
    July 8, 2026
    High Court dismisses Abu Trica’s emergency application to halt extradition to US
    July 6, 2026
    Ghanaian students abroad to convene global forum on national development
    July 5, 2026
    Alleged romance scam: Lawyers for Abu TRICA file emergency application to halt extradition to US
    July 3, 2026
  • Factometer
Search
© 2024 EIB Network Ltd. All Rights Reserved.
Reading: NCA slapped with GHc20k cost over appeal
Share
Notification Show More
Font ResizerAa
Starr FmStarr Fm
Font ResizerAa
  • Headlines
  • Election Hub
  • General
  • Politics
  • Sports
  • Business
  • Entertainment
  • Factometer
Search
  • Headlines
  • Election Hub
  • General
  • Politics
  • Sports
  • Business
  • Entertainment
  • Factometer
Have an existing account? Sign In
Follow US
© 2024 EIB Network Ltd. All Rights Reserved.
GeneralHeadlines

NCA slapped with GHc20k cost over appeal

Starrfm.com.gh By Starrfm.com.gh Published February 21, 2023
Share
SHARE

A three-member panel of the Court of Appeal presided over by Justice Senyo Dzamefe has dismissed an appeal filed by National Communications Authority (NCA) over a GHc20, 000 damages awarded against it by the High Court.

On July 22, 2021, the High Court in Accra (General Jurisdiction) presided over by Justice Rebecca Sittie in an Application filed by private Legal practitioner Francis Kwarteng Arthur ordered Ghana Telecommunications Company Limited and Scancom (MTN Ghana Limited) and all network service providers not to release subscribers Mobile Money details to government.

The court in its judgement also awarded a cost of GHc20K each against Kelni GVG and NCA and a further GHc10k against Ghana Telecommunications Company Limited in favour of the plaintiff.

Unhappy with the damages aspect of the judgement, the NCA initiated an appeal to challenge the cost slapped by the High Court.

The NCA argued that the court has no jurisdiction to award the damages and that the damages in itself is too excessive.

But the plaintiff and his lawyers opposed to the request and argued that the damages awarded was a step in the right direction.

The panel of the second highest court of the land which also includes Justice Eric Baah and Justice Merley Afua Wood dismissed the appeal and reaffirmed orders made by the High Court.

The court consequently awarded a cost of GHc20K damages to the plaintiff (Respondent) after ruling that the appeal is unmeritorious.

The five Respondents in the matter are Ghana Telecommunications Company Limited, Scancom PLC – MTN-Ghana, Kelni GVG Limited, NCA, and Attorney General respectively.

NCA’s grounds of appeal

On August 12, 2021, the NCA filed a notice of appeal on grounds as follows:

a. That the learned High Court Judge erred in awarding damages against the Appellant in such generic human rights enforcement action in which the Respondent provided no evidence of personal rights violation.

b. That the learned High Court Judge erred in awarding damages against the Appellant when no special or general damages relief was claimed by the Respondent in enforcement of fundamental human rights action.

c. That the damages awarded by the learned High Court Judge against the Appellant and in favour of the Respondent is harsh and excessive.

d. That the Ruling is against the weight of the affidavit evidence.

Unmeritorious, Misconception

The Plaintiff (Respondent) through his lawyers led by Dr Justice Srem-Sai on November 17, 2022, responded to the motion for the appeal and described it as “unmeritorious.”

“My Lords, as it stands, the Applicant’s personal information (and the personal
information of millions of Ghanaians) which have been unlawfully released are
at large, with absolutely no prospect of being retrieved and protected,” Counsel argued.

“It is important to also note that the trial Court’s order that the 4th Respondent file
a certificate of compliance with its orders of retrieval and destruction is yet to
be complied with.

“The 4th Respondent has mounted a brass neck to the express orders of the trial High Court but found it prudent to spend scarce public resources to pursue an appeal which has no likelihood of success.

“In the light of the above, we pray, respectfully, that these grounds of appeal, too, be dismissed as unmeritorious. The entire appeal is but a misconception of the case itself.”

Background

The High Court in Accra (General Jurisdiction) presided over by Justice Rebecca Sitties has ordered Ghana Telecommunications Company Limited and Stratcom (MTN Ghana Limited) and all network service providers not to release subscribers’ Mobile Money details to government.

A private legal practitioner, Francis Kwarteng Arthur, went to the High Court to challenge the President’s order contained in Executive Instrument (EI) Number 63 and the manner in which the order was being implemented.

Through the EI 63, government through Kelni GVG made a request to the telecommunication networks and service providers to hand over the personal information of all customers and subscribers to the President to conduct contact tracing to control the spread of the deadly covid-19.
Mr Arthur through his Lawyer Justice Srem Sai sued the Ghana Telecommunications Network (1st, Statcom (MTN) (2nd), Kelni GVG (3rd), the National Communications Authority (4th) and the Attorney General (5th Respondents) for interference and invasion of privacy.

In a 115-paged ruling delivered on July 22, the court ordered the NCA to supervise the clearing of already released data from both electronic and manual systems from today, July 30, 2021.

“It is hereby ordered that 1st and 2nd Respondents and all other telecommunications Network and service providers be and are hereby restrained from providing the President, the Government, 3rd and 4th Respondents their agents, assigns or workmen however described with the details and unhashed details of Applicant’s mobile money and that of all other mobile money subscribers as 3rd Respondent requested in the email correspondence of 27th March 2020 to 1st and 2nd Respondents and Ugochukwu Uzoka of Glomobile Ghana and any other Telecommunication Network and service provider with effect from the date of the ruling.

“It is further ordered that all the mobile money details and unhashed mobile money details of Applicant and that of all other mobile money subscribers which 1st and 2nd Respondents and other Telecommunication Network and service providers have already provided to the President, the Government, 3rd and 4th Respondents or their agents, assigns or workmen however described per the request of 3rd respondent’s communication dated 27th March 2020 be retrieved and cleared from all manual and electronic records of the President, the government, 3rd and 4th Respondents, their agents, assigns or workmen however described under the supervision of 4th Respondent within 14 days from July 30, 2021,” the court-ordered.

“Having established that Applicant’s rights to privacy has been interfered with or violated through the request 3rd Respondent made to Is and 2nd Respondents to provide the unhashed mobile money details of Applicant, he is entitled to the award of damages. This is not an open license for all mobile money users to seek damages for such violation of their rights.

“I award Applicant GHc20, 000 damages each against 3rand 4 Respondents and GH&10, 000 against 1st Respondent,” the judge ordered.

Source: Ghana/Starrfm.com.gh/Murtala Inusah

You Might Also Like

AngloGold Ashanti Iduapriem commissions $1.1 million NICU at Tarkwa Municipal Hospital

YEA launches National Labour Migration Readiness Campaign to intensify public education on Labour Exchange Programme

Jospong Group invests in future: 118 AAC-RUDN graduate scholars return from Russia to boost food security

CHAPRO urges constitutional review to allow Mahama to seek 2028 mandate

Challenging Heights calls for probe into alleged cross-border baby trafficking network

TAGGED:court of appealNCA
Share This Article
Facebook Twitter Email Print
Share
Previous Article Gov’t announces final principal amounts of New Bonds
Next Article COCOBOD trial ‘a sham’ – Agongo

Starr 103.5FM

Starr FmStarr Fm
Follow US
© 2024 EIB Network Ltd. All Rights Reserved.
newsletter icon
Join Us!

Subscribe to our newsletter and never miss our latest in news, podcasts etc..

[mc4wp_form]
Zero spam, Unsubscribe at any time.
adbanner
AdBlock Detected
Our site is an advertising supported site. Please whitelist to support our site.
Okay, I'll Whitelist
Welcome Back!

Sign in to your account

Lost your password?