Mahama Ayariga
The Majority Leader, Mahama Ayariga, has affirmed that the government will continue to shut down radio stations operating without valid frequency authorisation.
Responding to concerns raised by the Minority, Mr. Ayariga strongly defended the Minister for Communication and Digital Technology’s directive to the National Communications Authority (NCA) to take action against stations operating illegally.
The Member of Parliament (MP) for Mpraeso, Davis Ansah Opoku, had condemned the recent directive issued by the Minister of Communication, Digital Technology, and Innovations to shut down radio stations allegedly operating without valid authorisations, calling it an unlawful abuse of executive power.
In a statement delivered before Parliament, Mr. Opoku expressed deep concern over the minister’s actions, which he argued violated the independence of the National Communications Authority (NCA) and posed a serious threat to press freedom.
The directive, issued in a media advisory on February 18, 2025, instructed the NCA to take immediate enforcement action against certain broadcasting stations, a move Mr. Opoku believes oversteps legal boundaries and undermines democratic principles.
Violation of NCA’s Independence
The Mpraeso MP noted that the minister’s directive contravenes several legal provisions intended to protect the NCA’s independence.
Citing Section 3(1) of the National Communications Authority Act, 2008 (Act 769), he noted that the NCA is not subject to the control of any individual or entity when carrying out its regulatory functions.
The Electronic Communications Act, 2008 (Act 775), also enshrines the NCA’s authority in controlling and administering radio frequency spectrum, further strengthening the argument that the minister has no legal grounds to issue such a directive.
“The Minister does not possess the legal authority to direct the NCA’s regulatory or enforcement actions,” Mr. Opoku said.
“If allowed to remain in effect, this directive could set a dangerous precedent for political interference, not only in the NCA but in other democratic institutions such as the Electoral Commission and the Judiciary,” he added.
Majority Leader
But in a response to concerns raised by the Minority, Mr. Ayariga strongly defended the Minister for Communication and Digital Technology’s directive to the National Communications Authority to take action against stations operating illegally.
He expressed surprise at the time Parliament had spent discussing what he called a “simple matter.”
Mr. Ayariga indicated that the minister’s directive was in line with the law, which mandates that radio stations must obtain proper frequency authorisation before broadcasting.
He criticised Minority members, noting that while they questioned the minister’s actions, they had not denied that the stations in question were operating without proper licences.
“The Minister is simply enforcing the law,” Mr. Ayariga said.
“We, as lawmakers, swore an oath to uphold and enforce the laws of this country. If a station is operating illegally, the Minister is right to take action.”
The Majority Leader emphasised that the minister would not hesitate to shut down unauthorised stations, stating, “The Minister will shut down the stations today. Tomorrow he will shut them down. Tomorrow night he will shut them down.”
Mr. Ayariga also dismissed suggestions that the minister was acting inappropriately, questioning why stations with valid frequency authorisation had not been shut down.
“Stations like Joy FM and Citi FM are still operating because they have the necessary licences. Those without authorisation must comply with the law,” he stated.
He further stressed that the enforcement of broadcasting regulations was not an attack on the media but rather a necessary step to uphold the law.
“The Minister has done no wrong. He has enforced the law, and that is his duty,” the Majority Leader contended.
Manhyia South MP
However, the New Patriotic Party (NPP) MP for Manhyia South, Nana Agyei Baffour Awuah, described the minister’s directive to close down certain radio stations as a form of economic sabotage.
Mr. Awuah argued that the minister’s actions would lead to job losses for Ghanaians and a reduction in government revenue through taxation.
The MP emphasised that a Minister of State should focus on creating jobs, not revoking them.
“When a Minister of State, whose responsibility includes creating jobs, issues a directive that will lead to the loss of jobs for Ghanaians and cost the government revenue, Mr. Speaker, the Minister is committing economic sabotage,” he said.
The MP stressed that the closure of businesses set up by Ghanaians to operate communication businesses could have far-reaching consequences on the economy.
Minister Oversteps Boundaries
Mr. Awuah further pointed out that the minister’s directive directly contravenes the powers vested in the National Communications Authority (NCA) by Parliament.
According to him, the NCA’s regulatory powers are outlined in a law passed by Parliament, and the minister is overstepping by usurping that authority.
He underscored that the minister’s role is confined to policy-making, and not to directly interfere in operational enforcement actions.
“It is very important that we look at the fact that the Minister, when he was sworn into office, has yet to create any jobs for the people of this country, except jobs that he is revoking,” Awuah said.
Executive Overreach
The MP also expressed concerns about the broader implications of the minister’s actions, warning that it could set a dangerous precedent for executive overreach.
He pointed out that the minister’s power under the NCA is limited to providing policy direction, and the current directive to shut down radio stations is not in line with any established policy.
Mr. Awuah called for a clear explanation from the minister, asking whether the policy going forward will be to close down radio stations at his discretion.
“Are we saying that the policy going forward will be for the Minister to direct the NCA to shut down radio stations?” he quizzed.
By Ernest Kofi Adu, Parliament House