This follows an application by defense lawyers seeking to have the prosecution make known all witnesses they will be relying on, and also make available all the documents it intends to tender as evidence.

This was opposed to by the prosecution who argued that the request was seeking an interpretation of aspects of the Constitution, (Article 19 (2)(e) and (g)), a task that can only be performed by the Supreme Court.

[contextly_sidebar id=”8ebl6KWUwNcT6SeuM3qhKAJtOwHLLcGi”]Delivering his ruling, Justice Eric Kyei Baffuor said the issue of interpretation had arisen since lawyers on both sides disagree on the meaning of the relevant provisions, hence the need to refer the matter to the Supreme Court.

The questions expected to be addressed by the Justices of the Apex Court are whether accused persons are entitled to comprehensive trial disclosure, at what point this should be done, and whether the accused persons are entitled to all documents including those the AG may not use in court.

Background

The case in question involves the former Director General of the NCA, William Tevie and four others, who have been arraigned for alleged fraud and for causing financial loss to the state over the alleged fraudulent $6 million contract signed between the NCA and Infraloks Development Limited (IDL).

The five are said to have fraudulently withdrawn some four million dollars from NCA accounts without justification.
Reports indicate that an Israeli company, NSO Group Technology Limited was contracted to supply the surveillance equipment at the cost of $6 million, to enable National Security monitor conversations of persons believed to be engaged in terrorism.

IDL was also reportedly charging $2 million to facilitate the transaction, bringing the total sum to $8 million.

But the three, through the said contract, allegedly withdrew $4 million from the accounts of the NCA and have failed to account for it.

Only $1 million was allegedly paid into the accounts of the Israeli company.

So far, the NCA’s Director of Legal Affairs is one of the key witnesses to who has made an appearance in court.
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By: Fred Djabanor/citifmonline.com/Ghana

The post $4m NCA scandal: Hearing ‘suspended’ pending Supreme Court ruling appeared first on Citi 97.3 FM - Relevant Radio. Always.

All fines have been reduced to cover just a one-year period.

[contextly_sidebar id=”Y31dovFy5t02uVy2MUrNTGZrpCi9ZpeN”]The Communications Minister, Ursula Owusu-Ekuful, announced this during the 22nd Ghana Journalists Association Awards on Wednesday.

She said there was the need for justice to be tempered with mercy.

“Even though we are insisting on the full application of the law, sometimes, we must be a little lenient in our efforts to apply the laws knowing that it may have achieved the purpose for which we started on that exercise.”

Outlining the terms of the amnesty, Mrs. Owusu-Ekufo said: “it applies to all those who were affected by that audit exercise, whether your station license was revoked or you were fined. All the fines have been reduced to one year instead of the various lengths for which those infractions continued.”

Background

The NCA sanctioned 131 media houses for various offences in September 2017 and these sanctions ranged from the withdrawal of licenses to the imposition of fines, mostly retrospective, amounting to over GHc 1 billion.

Ninety-seven of the stations picked up fines, with Radio Gold and Atlantis Radio picking up the heftiest fines of GHc 61,330,000 and GHc 60,350,000 respectively.

However, on October 20, in its first act of mercy, the Ministry of Communications and the NCA slashed the fines for the commercial FM Broadcasting stations by 50 percent and granted a waiver to the community radio stations that faced sanctions.

The stations still owing fines were given 30 days, from October 20, to pay the slashed fines, but there is no indication that any payments were made.

Some of the FM stations eventually shut down voluntarily for a period, whereas others were compelled by the NCA to do so.

Legal action

The action from the NCA attracted some legal resistance with Chris Ackumey, a private legal Practitioner and a member of the legal team of the opposition National Democratic Congress suing it over the sanctions.

He wants the court to declare the sanctions illegal, and also compel the NCA to compensate the affected stations which he says were “unlawfully” sanctioned.

The Ghana Independent Broadcasters Association (GIBA) also dragged the NCA before the Electronic Communications Tribunal to compel it to suspend the execution of sanctions it imposed on nine of the 131 stations, and got a ruling in their favour suspending the sanctions against its members.

Break down of sanctioned stations

According to the NCA, eleven (11) radio stations were requested to pay application fees for renewal of Authorisation, and also pay a fine in accordance with the NCA’s gazetted Schedule of Penalties for failure to apply 3 months before the expiry of Authorization within 30 days.

Two (2) radio stations have been asked to submit renewal application within 30 days.

Sixteen (16) radio stations have been asked to submit renewal application, pay application fees, and pay a fine in accordance with the Authority’s gazetted Schedule of Penalties within 30 days.

Twenty‐four (24) radio stations have been asked to submit omitted documents and pay a fine in accordance with the Authority’s gazetted Schedule of Penalties within 30 days.

Fifteen (15) radio stations will have their Authorisation processed after payment of fines in accordance with the Authority’s gazetted Schedule of Penalties.

One (1) radio station has been asked to settle its outstanding indebtedness before renewal of Authorization is considered.

Twenty (20) radio stations have been asked to settle their Provisional Authorization (renewal) fees which have been invalidated due to non‐payment within sixty days – to pay interest on due amount.

Eight (8) radio stations have been asked to pay a fine in accordance with the NCA’s gazette Schedule of Penalties before the authority conducts inspections as requested by the stations.

34 of the sanctioned stations had their licences revoked because their authorizations had expired and were operating illegally.

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By: Delali Adogla-Bessa/citifmonline.com/Ghana

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Speaking on Eyewitness News, he maintained the NCA would set a bad precedent, if it eases the pressure on the stations it has sanctioned.

[contextly_sidebar id=”K6ZvHm39j7zNPefmk3D6zlTAB3w5qqwa”]131 stations fell foul of Section 13 of the Electronics Communications Act (2009), and 34 of the sanctioned stations had their licenses revoked because their authorizations had expired, whilst the others picked up over GHc1 billion in fines.

Accra-based Okay FM and Kumasi-based Hello FM, both under the Despite group, were recently shut down by the NCA after their licenses were revoked.

The NCA’s crackdown would not have been viewed as extreme and out of the ordinary, if Ghana had a culture of enforcing laws to the letter, the MFWA Head suggested.

“The controversies that we are witnessing is all because the management and previous board of the NCA failed to do their work as they ought to have done at the time, and the current management and board are only acting in accordance with the law, and I think that it is something that we need to let them do.”

Despite the expected job losses that critics have complained about, Mr. Braimah said: “we cannot live in a country with airwaves which are not regulated… I don’t see how you can fault the NCA for seeking to just enforce the law and making sure that our airwaves are regulated properly.”

Beyond this, letting the sanctioned stations of the hook would send the wrong message to the remaining majority of stations complying with NCA regulations, he added.

“We have close to 500 radio stations that are on air, which means that a majority of those who are operating are complying with the law, so why must we then allow those who are not complying with the law to continue to operate,” he argued.

NCA can be given NPA leeway

There is an added layer of hypocrisy beneath all this, with Mr. Braimah pointing out that, the country is solidly behind the reforms and harsh steps put in place to sanitize the distribution of fuel in Ghana in light of recent disasters.

The National Petroleum Authority is working to roll out a cylinder re-circulation model, which some fear will leave many Liquefied Petroleum Gas stations out of business.

Nonetheless, the public is largely behind these reforms, so Mr. Braimah questioned, “why are we in this instance saying another institution shouldn’t enforce the laws and the work that it is paid to do, and the work that Parliament has mandated it to do.”

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By: Delali Adogla-Bessa/citifonline.com/Ghana

The post Don’t vilify NCA for doing its job – Sulemana Braimah appeared first on Citi 97.3 FM - Relevant Radio. Always.

GIBA in a communiqué copied to citifmonline.com, said it had gathered some evidence in the matter that makes it necessary for the NCA to “properly address the issues of the affected members.”

[contextly_sidebar id=”UD5Gc8kZFN1LFD4P1JqgGQOsrhggy1sA”]“We have interacted with a lot of our members who expressed displeasure over the sanctions meted out to them by the NCA. We have thus collected evidence from some of these members which indicate the need to engage the NCA to properly address the issues of the affected members. The Members have therefore mandated the leadership of GIBA to intervene on their behalf in this matter,” GIBA said.

GIBA added that, it was looking forward to engaging the NCA on behalf of the affected stations over the revocation of their authorizations and imposition of “massive fines and penaltie.”

The NCA last week sanctioned 131 FM stations across the country for various infractions on their authorizations.

While some FM stations were sanctioned for non-payment of monies they owed the NCA, others were sanctioned because they had failed to renew their authorizations yet were operating, thus illegally.

Among the FM stations that were sanctioned were Accra-based Radio Gold, Atlantis Radio, 3-FM, and Radio XYZ.

Radio XYZ has been fined GHc 4,090,000, Atinka FM fined GHc 14,800,000 whiles Radio Gold and Atlantis Radio picked up the heftiest fines with GHc 61,330,000 and GHc 60,350,000 respectively.

The affected radio stations that were fined have been given 30-days to pay the fines or risk having their licenses revoked.

But some have indicated that they are unable to pay the fines.

Meanwhile, GIBA has said it is scheduling a meeting with the NCA to discuss the matter and find an amicable solution to it.

“We have written to the NCA requesting for a meeting on Friday, October 6, 2017 to discuss the issues emanating from our preliminary investigations carried out,” it statement said, adding that all affected FM stations are “to submit to the GIBA National Secretariat all relevant documentation in relation to the spectrum/regulatory payments and other complaints,” to make their intervention on the matter easier.

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By: Michael Ogbodu/citifmonline.com/Ghana

The post GIBA petitions NCA; requests dialogue over radio station sanctions appeared first on Citi 97.3 FM - Relevant Radio. Always.

The Association said it was “alarmed by the effects of the heavy sanctions on the stations, the extent these actions have on investments and the employment security of their workers.”

[contextly_sidebar id=”ieuZfUVVnEaSlmpkpWs9dGfLkdGOaxU5″]”The Executives believe the situation as it stands now is rigid, harsh and can affect the morale of others in doing legitimate business knowing the unpredictable terrain of business in Ghana,” GIBA stated in a released.

GIBA used its statement to encourage the affected parties “to continue exploring all avenues in opening discussions and engaging the authorities of the NCA to arrive at an agreeable solution to the matter.”

In this stead, GIBA will be holding an emergency Council meeting with its Council of Elders on Monday, October 2, “to discuss a common ground and the way forward with the matter.”

34 of the sanctioned stations had their licenses revoked because their authorizations had expired and were operating illegally.

Other affected stations have been fined and given 30 days to settle their indebtedness. Radio Gold and Atlantis Radio picked up the heftiest fines with GHc 61,330,000 and GHc 60,350,000 respectively.

In all, the fines build up about GHc1.18 billion for stations cutting across all regions of the country.

Find below the full statement

Re – NCA SANCTIONS 131 RADIO STATIONS

The Executive Council of GIBA has noted with great concern the actions of the National Communications Authority (NCA) in sanctioning some radio stations and the heavy fines imposed on others for various infractions. As much as GIBA wants to encourage state institutions to be actively exercising all mandates in performance of their duties, GIBA is alarmed by the effects of the heavy sanctions on the stations, the extent these actions have on investments and the employment security of their workers.

The Executive believes the situation as it stands now is rigid, harsh and can affect the morale of others in doing legitimate business knowing the unpredictable terrain of business in Ghana.

The Executive Council and leadership wish to encourage the affected members and all other members to continue exploring all avenues in opening discussions and engaging the authorities of the NCA to arrive at an agreeable solution to the matter. GIBA will also continue to offer support and open discussions at all levels of authority / governance to safeguard the interests of affected members. Members are encouraged to remain calm, open minded, tactful and to contact the secretariat for further consultations in finding a solution to the situation.

Meanwhile an emergency Council meeting with the Council of Elders of GIBA has been called for Monday 2nd October, 2017 in Accra to discuss a common ground and the way forward with the matter. The Council believes the association’s relationship with NCA remains good and the doors for negotiations still opened. A full statement on GIBA’s stand will be issued on Monday after the crucial meeting with the Council of Elders. Members are entreated to continue trusting in the efforts of the leadership and the association and to cooperate with information flow for a successful end to this matter.

Signed.

(Andrew Danso-Aninkora)

President (0242174333)

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By: Delali Adogla-Bessa/citifmonline.com/Ghana

The post NCA’s harsh sanctions threaten legitimate businesses – GIBA appeared first on Citi 97.3 FM - Relevant Radio. Always.

Speaking on The Big Issue, the social commentator said the claims that the NCA’s hefty sanctions were an attack on press freedom were “nonsense”

[contextly_sidebar id=”a4qKWdQdoQWNe6wU0cz7NraFbWOm2PL9″]In his comments on the matter, Mr. Casely Hayford noted that “the only people who are concerned and who are yelling for some kind of letting up of these fees are the social democrats.”

“A lot of the stations are open not for commercial reasons or not for business reasons, but for political reasons. So many of them are out there just because they wanted to join the political fray, and they get set up overnight and they get frequencies. So this [the sanctions] will sanitize the system.”

These sanctions have been criticized by the National Democratic Congress Minority in Parliament as an attempt by the NCA to monetize freedom of expression.

Some of the notable stations sanctioned by the NCA are Accra-based Montie FM and Radio Gold, known to be pro-NDC, of which the latter received the largest fine of GHc 61,330,000.

The Minority believes the huge fines imposed on the stations were unreasonable and all, but ensured the collapse of these media organisations

The concerns notwithstanding, Mr. Casely Hayford reminded that the NCA had a just cause to sanction these stations.

“Those who agree to belong to a certain organisation are given a certain obligation to do so, and are under obligation to also fulfill the terms and conditions under which they continue to be licensed.”

Ailing media space

Mr. Caseley Hayford added that, this development was a reflection of the media space generally “and the reflection of the industry is that, it is not a very lucrative industry because we know that they don’t pay staff very well.”

Beyond this, he noted that “a lot of the other radio stations are barely carrying on.”

“In fact, most of them are surviving because the owners continue to make payroll at the end of every month in order to keep the stations open,” Mr. Caseley Hayford stated.

Owners of the radio stations sanctioned for operating with expired licenses as well as other offenses, would have to cough up about GHc1.18 billion.

34 radio stations have already had their licenses revoked by the NCA for not renewing their licenses even after several notices.

NCA said it took the decision after conducting “spectrum audit” into the radio space.

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By: Delali Adogla-Bessa/citifmonline.com/Ghana

The post It’s nonsense to say NCA is attacking free press – Casely Hayford appeared first on Citi 97.3 FM - Relevant Radio. Always.

The Authority stated that it has conducted a nationwide audit for Radio and Broadcast stations and is currently conducting an audit for the service providers.

The Acting Chief Executive of the NCA, Joe Anokye said this before the Public Accounts Committee.

A report in 2015 by the Auditor-General indicated that about 14 internet service providers had not renewed their licenses, in some cases since 2005.

According to the NCA, the failure of internet service providers to renew their licenses in some cases could be attributed to the delays associated with the manual renewal process.

“One of the things we have done since the beginning of the year is to embark on a nationwide audit exercise for all the states that we regulate, both the FM and TV because you have so many of these providers and your system of management is manual and it is a challenge having the various divisions correlate” Mr. Anokye stated.

He added that “to address that we have embarked on the digitization of the business processes, so that for example if provider A’s licence is up for renewal, automatically the authority will be notified. We have done a nationwide audit for the Radio and broadcast holders, we are also currently doing it for service providers.”

According to him, “With the new system, we will be able to address renewal of licences.”

NCA to sanction Media Houses

Communication Minister, Ursula Owusu had earlier this year announced that some media houses were going to be sanctioned for various infractions including the non-renewal of their licences.

The affected radio stations were to suffer penalties ranging from suspensions to revocations of their frequencies depending on the gravity of the offence.

“…Sanctions will be applied to those who flouted the license condition, they are over a hundred and sanctions range from suspension to revocation of the authorization and some would have fines imposed upon them. They range from either expiry of the authorization, incomplete application for extension or renewal, non-payment of fees, transfer of licenses to other agencies without prior approval of the NCA and a range of other issues.” She stated.

She mentioned that the NCA was taking such measures in an attempt to sanitize the radio space.

According to her “we need to have some sanity in this space and so those are the measures we are putting in place to ensure that everybody who signed up to operate a radio station and this country will abide by the license conditions that they’ve signed up to.”

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By: Rita Mensah and Sixtus Dong Ullo/citifmonline.com/Ghana

The post NCA to automate licence renewal Process appeared first on Citi 97.3 FM - Relevant Radio. Always.

He will take up a new role as the Board Chairman of the industry regulator, the National Communications Authority (NCA).

A statement issued by the Chamber on Sunday, April 09, 2017 said Mr. Sakyi Addo’s successor will be announced in “due course”.

The corporate communications expert who has been leading the Telecoms Chamber since 2011 as its first head, is credited with building the Chamber from nothing to its current significant position in the telecommunications industry.

Kwaku Sakyi Addo ensured a proper understanding of the telecoms industry in Ghana and set the Chamber apart as an effective advocate for telecom operators.

In his remarks, he said, “I am very proud of the work that the Chamber has done in aligning our members around key industry initiatives, driving important advocacy programs and building an enviable industry association. I’m grateful to the Governing Council, our entire membership and, of course, the Chamber staff for their support over the last six years.”

The Chairperson of the Governing Council of the Chamber  and CEO of Vodafone Ghana, Ms. Yolanda Cuba remarked that, “Kwaku has made a significant impact during his tenure with the Chamber. He has built a strong organization focused on our industry’s priorities and advocating effectively on behalf of mobile operators and infrastructure sharing companies across the country.”

“We are naturally disappointed that Kwaku has decided to move on to a new opportunity, but we wish him every success as he takes this next exciting step in his career,” said Ms. Cuba.
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By: Jonas Nyabor/citifmonline.com/Ghana

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Kwame Kyei-Andoh died of natural causes, according to the official autopsy report.

News of the death of the 21 year old match referee shook Ghana in the past fortnight after it was confirmed that he had been brutally assaulted at a lower division match on March 2 – five days before his demise.

The Komfo Anokye Teaching Hospital in Kumasi finished the post-mortem a few days ago, but will present the official document to the relevant authorities on Tuesday, March 25.

Citi Sports sources in the Western Region indicate that the family are taking the news calmly, since most of them have been sure that the death of their relation was in no way linked to the beatings he got.

Looking back

The Ghana Football Association has banned Dompem Gold Stars from using the Bordie Park where the late referee Kyei Andoh was beaten by fans.

The  beatings by fans of the home side in a Division One league match between Gold Stars and NaaJoe United was widely thought to have resulted in his death days later.

Condemnation of the assault came from far and near, with Confederation of African Football (CAF) boss Issa Hayatou sending a strongly worded message to the Ghana FA.

“I wish to underscore that any acts of violence and attacks have no place in football and must be condemned and dealt with in the strongest possible terms and that you will take all necessary steps to address issues surrounding this sad situation,” Hayatou said.

Retired referee and match commissioner T.K. Aggrey told local media: “It was so so sickening and sad, I went to commission a match elsewhere, got wind of the incident and passed by. It is so sad, the young referee is dead.”

Assault of match officials is a common feature of the lower leagues in Ghana and many parts of Africa as well as South America.

By: Gary Al-Smith/Citifmonline.com/Ghana

Follow @garyalsmith

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