The National Communications Authority (NCA) yesterday won a case, which was filed against it by the Media Foundation for West Africa (MFWA).
MWFA dragged NCA to the High Court of Accra (Human Rights Division), seeking five reliefs, one of which was that the former charged illegal fees to give out information in accordance with the Right to Information (RTI) Act.
However, the court presided over by Justice Gifty Adjei Addo upheld the submissions of the NCA and dismissed all the reliefs sought by the MFWA.
It would be recalled that on July 22, 2020, MFWA made a request to the NCA to provide the full list of all Authorised FM stations as of the second quarter of 2020, indicating the dates of first Authorisation, dates of last Authorisation renewals, locations, and operational status (on air or off air); full list of all Authorised television stations as of the second quarter of 2020, indicating the dates of first authorisation, Dates of last Authorisation renewals, locations, and operational status; an explanation for the recent replacement of the published 2020 second quarter report titled: ‘List of Authorised VHF-FM Radios in Ghana as at Second Quarter 2020’ which contained columns for date of first Authorisation and date of last Authorisation renewal, with one that now excludes the dates of first authorisation and dates of last Authorisation renewals.
The MFWA also requested for the full list (name of company, name of radio station, location and frequency number) of all FM radio stations that were shut down following the 2017 FM Spectrum Audit and in line with the 2018 decision of the Electronic Communications Tribunal.
The NCA, upon assessment of the above requests, asked MFWA to pay a fee of GH¢2,000.00 in accordance with law.
However, MFWA refused to pay the said service fees charged by the NCA and subsequently filed an action at the High Court against the NCA.
In its ruling, the Court stated that the request for the NCA to provide an explanation for the discharge of its mandate in publishing quarterly reports was untenable and violates the Right to Information law.
The Court also held that MFWA failed to establish any basis for the claim that its request is in the public interest; upholding NCA’s contention that the public interest argument was an afterthought.
It also held that the request made by MFWA was personal to the NGO, and that it must pay for said requests.
Accordingly, the Court ordered MFWA to pay GH¢1,500.00 to the NCA before the permitted information requested can be provided.
In a statement, the NCA stressed that it will endeavour to execute its mandate as set out by law.
“The Authority’s doors are always opened to engage with its many stakeholders, provided this is done through due process”, the statement concluded.
