NCA ACTION UNCONSTTITUTIONAL –LAWYER ABRAHAM AMALIBA

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Lawyer Abraham Amaliba, a private legal practitioner and member of National Democratic Congress [NDC] Legal Team has said that, the National Communications Authority [NCA] has breached the constitution with respect to Article 1623 that says, there will not be any impediment in the establishment of private press media, particularly, there shall be no law requiring any person to obtain license as a prerequisite to establishing or opening of Newspaper, journal or other media house of mass communication for information.

The National Communications Authority (NCA) has sanctioned a total of 131 FM Authorization Holders found to have committed various infractions pertaining to their authorizations to operate as contained in Section 13 of the Electronics Communications Act (2009), Act 775. A further 13 FM authorization Holders have been issued with reprieves as pertains to their authorizations.

In an interview with Eugene Akoto Bamfo, host for “Ene Nso Bio” morning show on Agoo fm, Lawyer Abraham Amaliba explained that, Article 1623 of Ghana’s Constitution states that no media house needs license before it can operate; he argued that no law must contradict the constitution; hence the action of National Communications Authority [NCA] is against freedom of speech and expression.

But speaking on the same platform, Lawyer Morris Ampaw, a private legal practitioner on the other hand said, the National Communications Authority [NCA] has acted constitutional because it has functions it performs as an organized body operating in the country.

He however admitted that the NCA has performed poorly in terms of these recent developments explaining the institution as a regulatory body should have taken action earlier due to the fact that most stations are in debt for decades. Lawyer Ampaw conversely advised the affected media houses not to hesitate to take legal action if they are not content with the situation.

Meanwhile, Hon. George Andah Nenyi, Member of Parliament [MP] for Awutu Senya in the Gomoa East District of the Central Region and Deputy Minister of Communications clarifying issues said the National Communications Authority is not wrong by revoking license of some radio stations for committing various infractions pertaining to their authorization to operate. He also said that those affected stations that feel they have not been fairly treated and that they have cleared all their debts can take a suit against the National Communication Authority [NCA].

Source: Agoo FM News/Ghana

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