Tuesday, 25th February, 2025
Hon Davis Ansah Opoku
Mpraeso
Mr Speaker, thank you for the opportunity to bring to the attention of this House, the unlawful Ministerial interference in the enforcement actions of the National Communication Authority.
I rise today with deep concern regarding the recent directive issued by the Minister for Communications, Digital Technology, and Innovations in a media advisory dated 18th February, 2025. This directive unlawfully instructs the National Communications Authority (NCA) to take enforcement action against certain broadcasting stations allegedly operating without valid authorisations. Such action represents an unacceptable overreach of Executive authority, undermining institutional independence, press freedom, and rule of law.
Mr Speaker, the Minister does not possess the legal authority to direct the NCA’s regulatory or enforcement actions. Section 3(1) of the National Communications Authority Act, 2008 (Act 769) states: “Except as otherwise provided in this Act, the Authority shall not be subject to direction or control of any person or authority in performing its functions.” Similarly, the Electronic Communications Act, 2008 (Act 775) reinforces independence.
Mr Speaker, I specifically refer this House to Section 2(4) which states that, broadcasting services require frequency authorisations by the NCA. Section 9(1) talks about spectrum usage requiring NCA authorisations. Section 58(1) states that, the NCA controls, plans, administers, and licenses the radio frequencies spectrum for telecommunication. The Minister's directive to close certain broadcasting stations directly contravenes these provisions. If allowed to remain in effect, it could set a dangerous precedent for interference in independent institutions, potentially extending beyond the NCA.
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." Section 41 of Act 775 similarly limits the Minister's powers to policy directives, not operational decisions. The directive issued in the media advisory oversteps legal boundaries and constitutes Executive overreach. 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 requires formal notification of the alleged breach.
It also requires a reasonable time frame which must be provided for rectification and the same Act says that the station must be allowed to appeal before enforcement action must be taken. Section 13 of Act 775 further stipulates that the frequency authorisations may be revoked following due process. There is no evidence that these legal procedures were observed prior to the Minister’s directive. If enforcement action proceeds without adherence to due process, this directive would constitute an abuse of Executive power and direct threat to fair regulatory practices.
Mr Speaker, press freedom is also under threat. This directive is not merely regulatory overreach—it constitutes an assault on press freedom. 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.
Mr Speaker, this House must act swiftly to prevent any further abuse of power. I have submitted a Half-Hour Motion summoning the Minister to appear before Parliament to explain this unlawful directive. Furthermore, I urge Parliament to: One, summon the Minister for Communications, Digital Technology, and Innovation to clarify his unlawful directive to the NCA. Two, instruct the NCA to suspend all enforcement actions related to the Minister's directive until due process is confirmed. Three, charge the Committees on Information and Communications and, Constitutional and Legal Affairs with investigating whether the Minister acted unilaterally or under political influence.
Mr Speaker, this represents a test of our commitment to democracy. This issue transcends partisan politics and centres on the safeguarding of democracy. We must act decisively to uphold the rule of law and prevent any further Executive overreach. Ghana's democracy is at stake.
Thank you very much for the opportunity to bring this matter to your attention.
Hon Charles Forson
Tema Central
Mr Speaker, thank you, and I must commend the maker of the Statement.
Mr Speaker, it is imperative to demystify the mantra of “push and pull” once there is a change in government. Governance is a continuous process. We must also be made aware that communication technology is the key to developing every nation. The synergic effect of what technology brings in must not be downplayed.
We just heard Apple has injected over half a trillion into the economy of the USA, and by that reducing unemployment by 20,000. Yet, our Minister for Communication, Digital Technology and Innovations has found it necessary to rather shut down radio stations, instead of coming up with a framework as to how communication would help the nation, Ghana.
Mr Speaker, I humbly submit. Thank you.
Hon Alhassan Tampuli Sulemana
Gushegu
Mr Speaker, I thank you very much. I would like to contribute to the Statement ably delivered by my very good Friend, Mr Davis Ansah Opoku, Member of Parliament for the people of Mpraeso, on the unlawful ministerial interference in the enforcement actions of the Minister for Communications, Digital Technology and Innovations and the NCA.
Mr Speaker, the maker of the Statement makes reference to the Act that established the NCA. Like many Acts, there is a place for ministerial authority and supervision. Now, what those Acts do, including this particular Act of the NCA, is to give powers to the Minister to make policy directives and interventions to enhance the work of the NCA.
No room is created for the Minister to interfere in operational matters as far as the NCA Act is concerned. What we are seeing today, is an overzealous Minister who has moved beyond the policy direction by the Minister and the Ministry and is now dabbling in palpable frivolities. The Minister has decided to move beyond the policy directions to now direct that directors of the NCA proceed on leave.
Mr Speaker, he is also requesting for the curriculum vitae (CVs) of directors and staff of the NCA. Now, if Ministers go beyond the policy directives and indulge the staff, then the NCA has to pack bag and baggage and go and sit at the Ministry of Communications, Digital Technology and Innovations, so that the Minister would run the Ministry, NCA, Ghana Investment Fund for Electronic Communications (GIFEC), National Information Technology Agency (NITA), and all the other agencies. This is not properly situated within the meaning of what we call constitutionalism; government according to predetermined rules. The rules are there. The Minister has set his own rules and is running amok.
The Minister for Communications, Digital Technology and Innovations must be called to order and immediately so. This is a Minister who, when he was on the Minority Side of the aisle and some radio stations were directed to be closed down by the NCA and not the Minister—The Minister, who was then the Deputy Ranking Member for the Committee on Communications—I was a Member of the Committee on Communications when we summoned the Minister and requested him to direct NCA. All manner of things took place in this House, in this hallowed Chamber and at the Committee level, as well as the press conferences that the Minister held. How can that same person transmogrify himself from a defender now to the adversary?
Mr Speaker, did we reset to do things worse than they happened before? What was the essence of reset? We said we should research in order to do things right. Now, where does the Minister derive his powers to ask the radio stations to be closed down, when the powers that he has under the NCA Act does not come anywhere close to what he is doing? What the Minister is doing is to probably, later on, request that every promotion that would take place at NCA be brought to him first to authorise. Even salaries of staff would have to be sent to the Minister for him to pay.
Mr Speaker, it looks like we have an Idi Amin in the making. This House will not watch for an Idi Amin to emerge at the Ministry of Communications, Digital Technology and Innovations. We are sending a signal to the Minister for Communications, Digital Technology and Innovations to relax. The exuberance is getting too much—
Mr Speaker, the action of the Minister for Communications, Digital Technology and Innovations, if allowed to stand, is going to set a bad precedent. One day, when the tables turn, which would happen in 2028, they are likely to face the wrath of another Minister from outside who is likely to do the same thing.
So, this act, Mr Speaker, violates and contaminates the Constitutions, the NCA Act and other extent laws of the republic of Ghana and I endorse the recommendations that have been made by the Member of Parliament for Mpraeso. Thank you, Mr Speaker.
Hon Grace Ayensu-Danquah
Essikadu-Ketan
Thank you, Mr Speaker, for allowing me to make this statement. Mr Speaker, the issue being discussed is body shaming and I think that the Hon Member must withdraw and apologise to the Hon Minister.
Mr Speaker, as women, we go through body shaming a lot and it is a big gender issue that needs to be addressed. If the Hon Minister had an issue with the Hon Minister for Communications, Digital Technology and Innovation, I truly believe that he could have addressed it without talking about his body habitus. People have mental health issues precisely from body shaming. And I truly believe that he needs to apologise and withdraw. Thank you.
Hon Nana Agyei Baffour Awuah
Manhyia South
Mr Speaker, thank you very much for the opportunity for my voice to count on this occasion. I commend my brother for bringing this matter very respectfully to the attention of Parliament.
Mr Speaker, when a Minister of State whose business, among others, should be creating jobs for the people of this country, is giving directives that is not only going to let Ghanaians lose jobs, but government lose revenue through taxation, then Mr Speaker, the Minister is committing an economic sabotage. He is committing an economic sabotage that businesses set up by Ghanaians to undertake communication business, he is saying, should be closed down. It is important that we look at the fact that the Minister, when he was sworn into office in less than a month, is yet to create any job for the people of this country apart from jobs that he is revoking.
Mr Speaker, we should take serious interest in this matter, especially because the infraction is against an Act which was passed by this House. The Minister is usurping an Act, very respectfully, that this House vested power in the National Communications Authority. The Minister is usurping it. Mr Speaker, on all fronts, the Minister's action is against the interest of this country and is worthy of interrogation by this House. Mr Speaker, the attention of this House has been drawn to the fact that the Minister's power, under the National Communications Authority, is only limited to policy, very respectfully. It is not for nothing that, in creating the institution of NCA, we deliberately limited it that way.
Mr Speaker, it was also because we are mindful of Article 23 and 296 of the Constitution.
Mr Speaker, this action is bad and should not be encouraged. We risk setting a bad precedent that the Minister is instructing that businesses be closed.
Hon Frank Annoh-Dompreh
Nsawam/Adoagyiri
Mr Speaker, I think, as a House, we need to interrogate this matter properly. The Hon Davis Ansah Opoku has brought a very important subject matter. We all know the essence of checks and balances and what Article 23 of the 1992 Constitution talks about: the need for administrative bodies to respect laws in our country.
Mr Speaker, I thought that the Minister, in his early days, would focus on the promise and the manifesto of the NDC. Definitely, the Ministry for Communication, Digital Technology and Innovations should be looking at the cost of data. Certainly, they should be looking at mobile network connectivity. Certainly, they should be looking at their digital economy and innovation, egovernance services. These are the narratives that should be engaging his attention.
Mr Speaker, I am surprised that, out of the blue, the closure of radio stations has become a matter of importance to the Minister. It is quite unfortunate. What are we seeking to do? The maker of the Statement is basically bringing the matter to the fore for us to engage these matters. If, indeed, he is within the law, of course, then let us speak to the fact. As far as we understand and the fact before us, we think the Minister has gone in excess of his powers. That is all we are saying. He is gone beyond the excess of his powers.
Mr Speaker, if you would contain me, let me just read portions of the release. It is captioned, “Enforcement action against unauthorised broadcasting operations.” “…among others, the Hon Minister for Communication, Digital Technology and Innovation has directed the acting Director-General of the National Communication Authority…” In what capacity is he directing the NCA? “…to take immediate enforcement action against the following entities for operating without valid…”
Mr Speaker, the relevant word there is “directing”. As to whether the Minister has those powers, that is what we are seeking to interrogate. We are an arm of government and, interestingly, the Minister is a Member of this House. Earlier speakers have referenced his comment when similar actions were taken in times past and the position he took. And his position now smacks of hypocrisy because this is the crux of the matter.
The Minister must come to this House; he was approved by this House; he was given the mandate by this House, and he must report to this House. We need to hear from him as to where he is getting those powers to direct the NCA to take such draconian actions. As a House, we must come together and invite the Minister to appear and come and do a proper representation before the House and for us to interrogate these actions.
We are building a democracy, and it is important we learn from incidents that have happened before. And I hear people say that, during our time, we closed down Radio Gold. These are baseless defence. I hear people say we closed down radio stations, and you closed down Radio Gold. Even if it is the case, must we repeat the mistakes? We must not do that. We must move ahead as a nation. In the context of their resetting—They said they were going to reset Ghana and Ghanaians have given them the mandate.
Mr Speaker, without adding more, I think that the Minister should focus on what can change the narrative: egovernance, reduction of cost of data, building network connectivity. Ghanaians are so worried about network connectivity, and this is what should be attracting his attention. I think we would employ your consequential directives that, as soon as possible, the Hon Minister for Communication, Digital Technology and Innovation should be programmed.
Mr Speaker, it should not go beyond Friday. He must come before this House, tell us the reasoning behind his action and show this House where he is drawing his powers by directing the NCA to take such illegal actions against certain entities. Without adding more, I think anybody who wants to comment—And earlier, the Majority Leader tried to catch your attention, but he was reading something else. He should quote. This is a copy, and I am ready to tender this. I want to tender it. He should quote from the release from the Minister, and then we could make a proper debate on this subject matter.
I thank you, Mr Speaker.
Hon Ayariga Mahama
Bawku Central
Thank you, Mr Speaker. I think this is a very simple matter and I am surprised that the very valuable time of this House is spent discussing a matter that is so simple and straightforward.
Mr Speaker, this is the basis of the Statement and the comments that have been made so far. I ask for your kind permission to read it and I am happy that we have people who understand English listening.
Mr Speaker, listen carefully. It says; “The Hon Minister for Communication, Digital Technology and Innovations has directed the Acting Director General of the National Communications Authority (NCA) to take immediate enforcement action against the following entities for operating without valid frequency authorisations.”
Mr Speaker, what I hear from the other Side is not that it is the case that they had license, they are also not denying that they operated without frequency authorisation. I have not heard them deny the whole day that they operated without appropriate frequency authorisation.
Mr Speaker, I remember that one of the oaths we swore in this House is to uphold and enforce the laws of this country. Even if the Minister had not directed, I expected you as Hon Members of Parliament to direct any officer who is supervising radio stations that are operating without frequency authorisation. We, as patriotic citizens, as lawmakers, have made a law that to operate a radio station, there must be frequency authorisation.
We made the law and somebody is operating a radio station without frequency authorisation and the Minister dutifully directs that the law should be enforced. He comes to this House to say that we should not close early and have lunch because of that matter.
Mr Speaker, they are asking how did the Minister know. They do not know that on this Side, we appointed people who are so competent that nothing would pass by them Mr Speaker, the Minister is so competent that they did not think he would know that those stations were operating without frequency authorisations and when the Minister gets to know within 10 days of sitting in that office, they are surprised.
They are mesmerised. We have the men and the women who are capable of doing the job. Within 10 days, they got to know and he is enforcing the law so I do not understand why there are complaining. The Minister is simply directing that they enforce the law. What do you expect the Minister to do? Please, I am surprised that the Minister would be made the subject of castigation, of unnecessary attacks, trying to question his competence when all he is saying in this communication is that the Director General should enforce the law because these stations are operating without frequency authorisation.
Mr Speaker, how is that an offence? Why is that a matter for which the Minister should be summoned to this House to come and answer? Are they trying to intimidate ministers and prevent them from doing their jobs? Is that what they are trying to do?
The Minister would shut down the stations today, tomorrow he would shut them down, the day after tomorrow he would shut them down and if they want, they should go for authorisation—He would shut them down. They should go for frequency authorisation. If they have valid frequency authorisation, no one would shut them down. Why did the Minister not shut down Joy FM? Why did he not shut down Citi FM? Why did he not shut down all the other stations that are operating in town today? Because they have valid frequency authorisations. If he had come to this House to say that a station has valid frequency authorisation and has been shut down, then they have a case.
Mr Speaker, I think there is no basis for inviting the Minister to come to this House. He has done no wrong and as the Statement indicates, they had no frequency authorisation so they were operating illegally and it is the duty of the Minister to enforce the law and he has done that.
Thank you very much, Mr Speaker
AskParly