Samuel Dubik Mahama
Accusations have been made against the Board Members of the Electricity Company of Ghana (ECG) by the Public Utilities Regulatory Commission (PURC) for their failure to provide a consistent load-management schedule.
The board members, however, have rejected the heavy fine imposed on them.
On Tuesday, April 16, PURC levied a fine of GH¢5.8 million on the ECG board members who served from January 1 to March 18, 2024.
This penalty was imposed due to their failure to provide a load-shedding timetable following a series of power outages that occurred between January and March of this year.
In a letter addressed to the Executive Secretary of PURC, Dr. Ishmael Ackah, lawyers representing the board members argued that their clients cannot be held responsible for the day-to-day administration of ECG and, therefore, should not be held liable.
“The 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,” stated the lawyers.
Moreover, the legal representatives claimed that PURC’s order is unlawful, null, and void as it lacks jurisdiction.
The lawyers further contended that PURC has unlawfully assumed the powers of a High Court by imposing such a hefty fine on their clients without given them a hearing.
“The Commission’s order imposing regulatory charges on the members of the board is unlawful, null, and void as it lacks 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 giving them an opportunity to be heard, which amounts to a breach of the rules of natural justice,” asserted the lawyers.
Consequently, the lawyers representing the board members rejected the regulatory order, refuting any personal liability on their part.
The ongoing dispute between the Board Members of ECG and PURC regarding the fine imposed on them raises questions about the jurisdiction and accountability of those in charge, amidst concerns about power outages and inconsistent load-management schedules.
By Vincent Kubi