Sulemana Braimah
Media Foundation for West Africa (MFWA) has sued the National Communications Authority (NCA) at the Human Rights Court 1 for failing to provide certain public information as requested by the Foundation in line with the Right to Information Act, 2019 under Article 21(1) of the 1992 Constitution.
The case, which was filed on November 27, 2020, was first heard on Monday, March 15 and adjourned to March 31, 2021.
The MFWA through its Executive Director, Sulemana Braimah, on July 22, 2020, submitted an access to information request to the NCA in exercise of rights guaranteed under Article 21 (1) (f) of Ghana’s 1992 Constitution and under Ghana’s Right to Information Act, 2019 (Act 989), but the MFWA says up till now no such information has been provided, hence its decision to take the action against the NCA.
The MFWA had requested from the NCA the full list of all FM radio stations (indicating name of company, name of radio station, location, and frequency number) that it had shut down following the Authority’s 2017 FM spectrum audit which, according to the NCA, was in line with the 2018 decision of the Electronic Communications Tribunal.
The MFWA had also requested for the full list of all authorised FM stations as of the second quarter of 2020, with indications of the dates of first authorisation, dates of last authorisation renewals, locations, and operational status of the radio stations – that is whether they are on air or off-air.
The MFWA further wanted to know the reasons why the NCA made changes to exclude certain information from its published 2020 second-quarter report titled: “List of Authorised VHF-FM Radio Stations in Ghana as at Second Quarter 2020”, compared with other similar reports previously issued by the Authority.
According to the MFWA, after making the request on July 22, 2020, the NCA acknowledged receipt of the request but failed to provide the necessary information within the statutory 14 days.
The MFWA said after failing to provide the information requested within the 14 days, another request was made on August 18, 2020 for the same information.
According to the MFWA, in a reply to its requests, the NCA said it was not going to provide explanations for the changes it had made to its report.
The MFWA noted that later the NCA asked the Foundation to pay GH¢2,000 ($345) to enable it generate the requested information, and explained that the amount being charged is based on its law, the Electronic Communications Act.
The MFWA decided to file a suit against the NCA for breaching the fundamental right to access information.
The MFWA averred in the suit that the NCA had acted “unconscionably, unjustifiably, unreasonably, unfairly and arbitrarily and in breach of specific provisions of Act 989 complained about in the suit.”
The MFWA is praying the court to declare that the decision and demand by respondent contained in its letters dated July 29, 2020 and August 20, 2020, complained about are unlawful, unreasonable, unfair, and in violation of applicant’s constitutional and fundamental right to access information.
The MFWA also wants the court to declare that the amount of GH¢2,000 demanded by respondent from the applicant in order to generate the information constitutes constructive denial, refusal, failure or neglect, and breach of applicant’s right to information under Article 21(1) (f) of the 1992 Constitution of Ghana.
The Foundation wants the court to declare that the amount demanded is not only unlawful but unconscionably exorbitant in breach of the letter and spirit of Act 989 and applicant’s fundamental rights to information.
The Foundation also wants the court to declare that the information requested by the applicant cannot be subjected to a charge or a fee.
The MFWA is also seeking an Order of the Court in enforcing its rights to information under Article 21(1) (f) of the Constitution by compelling respondent to provide the information requested.
By Thomas Fosu Jnr