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
    President Mahama breathes life into collapsed iconic Asesewa Market, cuts sod for its modernization
    May 2, 2026
    Government launches SEED Programme to turn students into job creators
    May 1, 2026
    Ghana transport delegation visits China’s Shiyan to deepen sector reforms
    May 1, 2026
    Hope renewed in Akim Oda as 700 orphans receive support
    May 1, 2026
    Dorcas Affo-Toffey engages US investors to boost tourism and jobs in Jomoro
    May 1, 2026
  • Business
    BusinessShow More
    Damang Gold Mine sells 100% of first output to GoldBod, BoG to boost Ghana’s foreign reserves
    April 30, 2026
    24-hour economy policy not feasible – NPP’s Michael Osei Boateng
    April 29, 2026
    GoldBod Jewellery hosts Boris Kodjoe at Diamond House Showroom
    April 29, 2026
    GoldBod’s revenue triples to $970.7m in 2025, from $307.7m in 2024
    April 29, 2026
    3i Africa Summit will prioritise cross-boarder payments, digital assets and investment – BoG Fintech Head
    April 29, 2026
  • Politics
    PoliticsShow More
    President Mahama breathes life into collapsed iconic Asesewa Market, cuts sod for its modernization
    May 2, 2026
    Government launches SEED Programme to turn students into job creators
    May 1, 2026
    There is still space for effective Special Prosecutor Office – President Mahama
    May 1, 2026
    Supreme Court Justices commend Deputy AG Dr. Srem-Sai for professionalism and dedication
    May 1, 2026
    NDC govt has been frank with Ghanaians on power outages – Yendi MP
    May 1, 2026
  • Entertainment
    EntertainmentShow More
    Phil Thompson confirms Joe Mettle collaboration, new song due in 4-6 weeks
    May 1, 2026
    I was homeless in London, sleeping in cars when I released ‘Baba’ – Sonnie Badu
    May 1, 2026
    I’m in a place where I need quietness – Joe Mettle on stepping back from TGMA 2026
    May 1, 2026
    Ghana Music Awards USA unveils 2026 nominees in Kumasi
    May 1, 2026
    Atarah Praise 2026 slated for May 24
    April 30, 2026
  • Sports
    SportsShow More
    Minority’s rejection of govt’s power outage explanation is politically motivated – Abdul Fatawu Jofa
    May 1, 2026
    2026 African Armwrestling Championship kicks off at Borteyman Sports Complex
    April 30, 2026
    Atletico Madrid hold Arsenal 1-1 in second UCL semifinal in Madrid
    April 30, 2026
    PSG beat Bayern Munich in 9-goal thriller in Paris
    April 29, 2026
    FIFA increases 2026 World Cup financial benefits by 15%, introduces new red card rules
    April 29, 2026
  • Technology
    TechnologyShow More
    African-Led ANH-ARC platform launches in Ghana to transform food systems, nutrition and health
    May 2, 2026
    Amardeep Singh Hari named Ghana’s most influential tech entrepreneur of all time
    April 30, 2026
    Yellow Card publishes 2026 report on data protection and AI governance
    April 23, 2026
    Master AI and cybersecurity to fight fake news – Dr Zanetor Rawlings to Ghana’s youth
    April 22, 2026
    The Hope Network meets Prof. Mark Appiah to chart path for growth, eyes STEM Center and donor partnerships
    April 22, 2026
  • International
    InternationalShow More
    Phil Thompson confirms Joe Mettle collaboration, new song due in 4-6 weeks
    May 1, 2026
    Ghana transport delegation visits China’s Shiyan to deepen sector reforms
    May 1, 2026
    Atletico Madrid hold Arsenal 1-1 in second UCL semifinal in Madrid
    April 30, 2026
    PSG beat Bayern Munich in 9-goal thriller in Paris
    April 29, 2026
    FIFA increases 2026 World Cup financial benefits by 15%, introduces new red card rules
    April 29, 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

President Mahama breathes life into collapsed iconic Asesewa Market, cuts sod for its modernization

Phil Thompson confirms Joe Mettle collaboration, new song due in 4-6 weeks

I was homeless in London, sleeping in cars when I released ‘Baba’ – Sonnie Badu

I’m in a place where I need quietness – Joe Mettle on stepping back from TGMA 2026

Government launches SEED Programme to turn students into job creators

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?