Appeals Court throws out NCA over Subah suit

The Court of Appeal has unanimously dismissed an application for stay of execution filed by the National Communications Authority (NCA) to nullify an injunction secured by Subah Infosolutions.

The Court awarded costs of GH₵2,000 against the regulator.
The three Appeals Court judges who dismissed application are Justice K.A. Acquaye, Justice I.O. Tanko Amadu and Barbara F. Ackah-Yensu.
On December 27, 2017, Subah Infosolutions commenced an action against the NCA and the Ghana Revenue Authority (GRA) for among others, a declaration that the termination of the Service Agreement dated 1April 10, 2015 was unlawful and therefore void.
It also sought an order of injunction against NCA and GRA from awarding the contract to any third party pending the final determination of the suit.
The application for interlocutory injunction was moved and granted on the February 14, 2018.
Subsequently, a notice of appeal was filed on behalf of the NCA.
Soon thereafter, an application for stay of execution of the injunction order was also filed.
Despite the injunction, the Ministry of Communication and NCA insist that telecom companies should connect to this private company Kelni GVG, a private company contracted to execute the contract taken away from Subah Infosolutions.
The NCA and Ministry of Communication insist that the real time monitoring is secured despite all the privacy red flags raised by the Telecommunications Chamber and other Civil Society Organisations such as IMANI Africa, Citizen Ghana Movement, Ghana Centre for Democratic Development (CDD), Ghana Integrity Initiative (GII), Ghana Anti-Corruption Coalition (GACC) among others who have also questioned the process of awarding the new contract and the cost involved.
On Tuesday, an Accra Human Rights Court presided over by Justice Anthony Yeboah ordered the Ministry of Communications to release the full contract details and all documents relating to the same Kelni GVG deal to the plaintiffs; Citizen Ghana Movement and IMANI Africa.

Source: The Finder

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