GENESIS MEDIA LTD vs. NATIONAL COMMUNICATIONS AUTHORITY

PROF. DATE-BAH, JSC (RETIRED): This decision has been unanimously agreed on by the Tribunal. THE APPEAL By a Notice of Appeal filed on 26th October 2017, the Appellant in this case expressed its dissatisfaction with a decision of the Respondent dated 26th September, 2017 which imposed a fine of eight hundred and fifty thousand Ghana Cedis on the Appellant. By that Notice of Appeal, the Appellant put forward 7 grounds of appeal, as follows: a) The decision imposing the fine of Eight Hundred and Fifty Thousand Ghana Cedis on the Appellant is wrongful and invalid as same was based on a SCHEDULE OF PENALTIES which is ultra vires it's (sic) parent Act (The Electronic Communications Act 2008 Act 775) which provides a lesser fine. b) The decision was also based on L.I. 1991 which to the extent that it imposes a hasher (sic) fine than what its parent Act prescribes is also ultra vires the said Act 775 and therefore invalid. c) L.I. 1991 and the Schedule of Penalties on which ...