Board Members of the Electricity Company of Ghana (ECG) have described as unlawful and a breach of natural justice the decision by the Public Utility Regulatory Commission (PURC) to impose a GHC5.8m fine on them for alleged regulatory non-compliance.
In a letter written by their lawyer, Yaw Acheampong Boafo on their behalf, the board members argue in accordance with regulations 45 of the, PURC Regulation 2020, PURC acted beyond the remit of their regulatory authority.
“The commission is purporting to impose the said regulatory charges on the board members of ECG clearly exceeding their jurisdiction as it is not within their powers/Authority to do so,” their lawyers argued.
The board members further insist board members are no responsible for the day-to-day administration of the affairs ECG hence any directive to hold them liable is void.
“Board members of ECG are not responsible for the day-to-day administration of ECG and, therefore, are not principal officers within the intendment of Act 538 to be able to be held liable for a default on the part of the public utility ECG.”
They are also accusing the PURC of clothing itself with powers meant for the court and engaging in unnatural justice.
“The Commission’s Order imposing regulatory charges on the members of the Boards is unlawful, null and void as same is without Jurisdiction. By this Order, the Commission has unlawfully clothed itself with the powers of the High Court, and imposed a sentence on the Board Members, without having been given the opportunity to be heard which amounts to a breach of the rules of natural justice,”, the added.
The board members say they therefore reject any parts of order that tries to hold them personal liable.
Source: Ghana/Starrfm.com.gh/103.5FM/Edem Kojo
