NCA case: SC declined to make a determination on the merits of the matter – GIBA


The Ghana Independent Broadcasters Association (GIBA) has said it retains the right to go back to Supreme Court on the case against the National Communications Authority (NCA).

The apex court on Tuesday June 23 dismissed a case filed by the GIBA against the NCA and the Attorney General concerning the decision by the regulator to give conditional access to its free-to-air TV space.

The seven-member panel of justices presided over by Chief Justice Anin Yeboah unanimously dismissed the case in a decision read by Justice Sule Gbadegbe.

The Bench, which also had Justices Jones Dotse, Samuel Marfu-Sau, Prof Nii Ashis Kotey and Nene Amegertchar, said the applicants did not properly invoke the original jurisdiction of the apex court.

But a statement issued by Gloria Hiadzi, Executive Secretary of GIBA, in response to the SC’s ruling said : “The Supreme Court composed of a seven-member panel presided over by the Chief Justice Kwasi Anin-Yeboah (CJ), delivered its judgment [on] Tuesday 23rd June 2020 in a matter in which the Ghana Independent Broadcasters Association (GIBA) sought a declaration that the implementation of the Conditional Access (CA) system to block free access to authorized Free-to-Air television content was unconstitutional.

”The Court however declined to make a determination on the merits of the matter as in their Lordship’s opinion, the conditional access system complained of had not actually been implemented and the blocking of access not yet carried out hence the Court was being invited to pronounce upon an anticipatory breach of the Constitution.

“According to the Court, the publication of the new Standard by the National Communications Authority (NCA) containing the alleged wrongful requirements was only indicative of an intention and that was not sufficient to invoke the Court’s jurisdiction.

“Accordingly, GIBA retains the right to go back to the Supreme Court, if the Ministry of Communications (MoC) and the National Communications Authority (NCA) actually implement the conditional access system since its constitutionality remains undetermined by the Supreme Court.”



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