Supreme Court ruling on GIBA-NCA case flawed – Sam George

Member of Parliament for Ningo-Prampram, Samuel Nartey George, has described as flawed and unfortunate the ruling by the Supreme Court on the Ghana Independent Broadcasters Association (GIBA) suit against the National Communications Authority (NCA) and Attorney General (AG).

GIBA sued the NCA and the Attorney General over the decision by the Ministry of Communications to introduce conditional access for free-to-air (FTA) Television stations.

According to Sam George, who is also a member of the Communications Committee of Parliament, the Justices needed technical guidance to arrive at a decision.

“I listened to the ruling. My understanding is that the supreme court is effectively saying that they did not think that it is their place to make a ruling on something that is anticipatory and so they didn’t go into the substance of the case, that must be established,” Sam George told Morning Starr host Francis Abban.

He added “all they are saying is that GIBA’s case is premature because it is anticipatory. I respect the ruling of the law justices and I think and humbly submit that the law justices may need some technical guidance to appreciate the industry better because their ruling is flawed.”

The Supreme Court presided over by Chief Justice Kwesi Anin Yeboah on Tuesday dismissed the case in which the Ghana Independent Broadcasters Association (GIBA) sued the National Communications Authority (NCA) and Attorney General (AG) over the decision by NCA to introduce conditional access for free-to-air (FTA) Television.

The unanimous decision of the apex court read by Justice Sule Gbadegbe and affirmed by the apex court said the applicants did not properly invoke the original jurisdiction of the apex court.

The panel which also includes Justice Jones Dotse, Justice Samuel Marfu-Sau, Justice Prof Nii Ashis Kotey and Nene Amegertchar dismissed the application.