News:
February 26, 2025
The Member of Parliament for Mpraeso Davis Opoku Ansah has chastised the Minister of Communications, Digital Technology and Innovation, Samuel Nartey George for violating the independence of the National Communications Authority by his directive to the Director General to close down some radio stations.
He stated that the Minister does not poses the legal authority to direct the National Communications Authority to regulate enforcement of actions under section 3 (1) of NCA Act, 2008 (Act 769).
The MP in a statement on the floor of the House pointed out that “except as otherwise provided in the Act, the Authority shall not be subject to the direction or control of any person or authority in performing its functions.
Whiles similarly the electronic Communications Act, 2008 (Act 775) reinforces this independence in section 2(4), broadcasting service require frequency authorisation by the NCA and section 9 (1) spectrum usage requires NCA authorisation.
In Section 58 (1) the NCA controls, plans, administers and licenses the radio frequency spectrum”, he said.
Mr Opoku Davis further noted that the Minister’s directive to close certain broadcasting stations directly contravenes these provisions and if allowed to remain in effect, could set a dangerous precedent for political interference in independent institutions potentially extending beyond the NCA to the Electoral Commission, the judiciary and other democratic entities.
“Mr. Speaker, the Minister’s role is confined to policy direction not enforcement. Section 97 (1) of Act 775 states, “The Minister may, on the advice of the Authority by legislative instrument, make regulations generally to give effect to the provisions of this Act”.
And section 41 and Act 775 similarly limits the Minister’s power to policy directives, not operational decisions. The directive issued in the media advisory oversteps legal boundaries and constitutes executive overreach.
Again, due process was ignored even if the affected stations encounter licensing issues; the law specifies a procedure for addressing such matters.
Section 9 of Act 775 required formal notification of the alleged breach, a reasonable timeframe must be provided for rectification and the station must be allowed to appeal before enforcement action is taken, he added.
He said the directive is not merely regulatory overreach, it constitutes an assault to press freedom, as article 21 (1) (a) of the 1992 constitution assures freedom of expression including media freedom. Government directed shutdowns without due process convey a chilling message to journalists and media organisations that their operations are subject to political approval.
“A free press is vital for democratic accountability and this unconstitutional interference must not be tolerated”.
He urged the House to act swiftly to prevent any further abuse of power and have submitted a half-hour motion summoning the Minister to appear before parliament to explain this unlawful directive.
“Summon the Minister of Communications, Digital Technology and Innovation to clarify their unlawful directive to the NCA, instruct the NCA to suspend all enforcement actions related to the Minister’s directive until due process is confirmed. Charge the Committee on Communications and Constitutional and Legal Affairs with investigation whether the Minister acted unilaterally or under political influence”.
Kwaku Sakyi-Danso/Ghanamps.com