The Media Foundation for West Africa, MFWA, has filed a law suit against the National Communication Authority of Ghana, NCA, for unlawfully shutting down some radio stations in Ghana.
It would be recalled that, radio stations like Radio Gold, Radio XYZ, Montie FM, and others were shut closed down by NCA for allegedly breaching Media Commission regulations.
According to the Executive Director of MFWA, Sulemana Braimah, the NCA failed to provide the 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.
Adding to that, Mr. Sulemana Braimah said it is very unlawful for NCA to charge an amount of GH¢2000, when people request information from them. He said the Right to Information (RTI) law, gives everyone the right to freely request for information from any government agency or state institution without any impediments.
“It seems that the RTI law is not being applied well in Ghana, and state institutions are doing contrary”, he complained.
Mr. Braimah, in the filed petition explained that, MFWA is enforcing its rights to information under Article 21(1) (f) of the constitution by compelling the Respondent, which is the NCA to provide the information requested.
MFWA is therefore praying the court for the following reliefs;
- A declaration 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.
- A declaration that the amount of ¢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
- A declaration 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
- A declaration that the information requested by the Applicant is not subjected to a charge/fee; or in the alternative,
- A declaration that if Applicant were liable to a charge/fee, the same ought to be an ascertainable amount to cover the actual cost of reproduction or photocopy of the information sought only.
Information reaching Ghana Africa News is that, the first hearing of the case, which was scheduled for Monday, March 15, has been adjourned to March 31, 2021.
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