Peace FM, NMC case takes new turn

THE case between Peace FM, an Accra private radio station, and the National Media Commission (NMC) took a new turn at an Accra High Court yesterday, when the court ordered the NMC to engage a new counsel, who has no interest in it.

The court, presided over by Mr Justice R. K. Apaloo, held that the matter would properly be justified by an independent advocate who has no interest in the case to ensure fairness to both parties.

The court gave the order after it upheld a preliminary objection raised by counsel for Peace FM, Mr Kwaku Baah, against Mr Nutifafa Kunyehia, appearing as counsel for NMC.

Mr Baah’s grounds for the objection was that Mr Kuenyehia was a member of the NMC and thus is disqualified by law to appear as counsel for the Commission in the case.

Mr Kuenyehia did not reply to the submission and asked for leave to withdraw.

After his withdrawal, Dr Kofi Baku, a private legal practitioner announced himself as counsel for the commission.

Mr Baah, however, raised objection against Dr Baku, too and said he (Dr Baku) cannot appear for the NMC because he appeared as counsel for Radio Peace, which is a party to the dispute, when both parties appeared before the NMC.

Mr Baah argued that there would be conflict of interest if Dr Baku appears as counsel for the commission, whose decision is being disputed.

In his reply, Dr Baku stated that although it was true that he appeared as counsel for Radio Peace, there was no conflict of interest arising because proceedings before the NMC had been terminated and an order by the NMC had been made.

Dr Baku said pursuant directives have also been made by the NMC, which indicates that the matter between Radio Peace and Peace FM before the NMC had been concluded and that that matter was not on appeal.

In his ruling, Mr Justice Apaloo observed that Dr Baku’s presence in the case for the NMC would seem to protect the interest of one party against the other and give undue advantage to Radio Peace over Peace FM.

It would be recalled that the National Media Commission on August 10, this year, directed Peace FM to change its name latest by Friday, August 18.

The directive was an enforcement of the commission’s earlier decision of November 25, 1999.

Not satisfied by the order, Peace FM filed a suit against the NMC to quash the directive.

The case was adjourned to November 6, 2000.