ECG Board members challenge PURC’s authority to fine them

The Electricity Company of Ghana’s (ECG) governing board has strongly objected to fines imposed by the Public Utilities Regulatory Commission (PURC) over the company’s failure to provide a load-shedding timetable.

In a letter sent to PURC on April 17, legal representatives for the board argued that the Commission lacked the equivalent powers of the High Court to levy fines.

They emphasized that board members, not directly involved in day-to-day operations, should not bear personal liability for management decisions.

The lawyers contended that fines were imposed without giving the board an opportunity to present their case, violating principles of natural justice.

The letter highlighted the board’s refusal to accept personal responsibility for operational decisions, stating that the Commission’s Order imposing regulatory charges is unlawful and without jurisdiction.

“The Commission’s Order imposing regulatory charges on the members of the board is unlawful, null and void as same is without jurisdiction. By this Order, the Commission has unlawfully clothed itself with the powers of the High Court, and imposed a sentence on the board members, without having been given the opportunity to be heard which amounts to a breach of the rules of the natural justice.”

“Our clients, therefore, reject the contents of the regulatory order relative to any personal liability on their part,” an excerpt of the letter stated.

PURC imposed a hefty fine of GHS5,868,000 on board members serving from the start of the year until March 18, 2024, citing a breach of Regulation 39 of L.I. 2413, mandating advance notice to consumers for power supply interruptions.

Source: Graphiconline