Court Dismisses Injunction Against KelniGVG

Ursula Owusu Ekuful, Communication Minister

An Accra High court on Tuesday dismissed an injunction application filed by two Ghanaian citizens Sara Asafu-Adjei and Maximus Amertogoh over the controversial KelniGVG matter.

The judge, Justice Anthony Yeboah, who presided over the case said he took the decision because the two plaintiffs were engaging in “peddling evidenceless fear.”

He further expressed surprise that the telecommunications companies whose networks had been connected to and are defendants in the case did not challenge the explanations by the Communications Ministry.

Justice Yeboah said their silence suggested that they were not challenging assertions by the Communications Ministry.

The High court judge thus concluded that the injunction application lacked merit.

The two dragged the Ministry of Communications, Attorney General, National Communications Authority and six others to court seeking among others an order restraining the government from implementing the Common Platform.

The key reliefs the two sought includes an “an order of interlocutory injunction restraining the respondents, whether, by themselves, their servants, workmen, hirelings, agents, privies or any persons claiming under or through them, whosoever described from implementing and operationalizing the Common Platform until the final determination of this suit.”

But the Communications Ministry challenged the claim and maintained that the current architecture of the platform granted access to only relevant nodes for monitoring traffic that statistically relates to billings and not the actual communication.

Although the court struck out the injunction aspect of the case, the substantive matter is still in court.

Background

IMANI Africa had waged an advocacy against the KelniGVG contract for a common platform operated by a private firm, KelniGVG to help government maximize revenue collection in the telco industry.

President of IMANI Africa, Franklin Cudjoe insists that the deal is not in the interest of Ghana and must be abrogated.

Franklin Cudjoe also raised concerns over privacy issues.

But government insists there was no wrongdoing arguing that adequate measures have been put in the place ensure that the privacy of Ghanaians is protected.

Release documents 

On Tuesday, July 3, an Accra High Court ordered the Communications Ministry to make available all documents relating to the deal to two citizens, and a pressure group, Citizens Ghana movement.

The court gave the Ministry, a deadline of July 9th to comply with the order.

The order followed a separate application by the two persons, John Ato Bonful and Nana Ama Adom-Boakye, and the Citizens Ghana Movement, praying the court to give them access to the documents in the name of national interest.

Communications Ministry submits KelniGVG contract details to AG

The Ministry of Communication on Monday submitted all relevant documents regarding the controversial Kelni GVG contract to the Attorney General’s Department, pending filing at the court registry.

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