[2018]DLECT7094 • December 10, 2018 • Electronic Communication Tribunal
A 2 Z LIMITED (DOING BUSINESS AS SEPKELE FM LIKPE) ACCRA (APPELLANT) vs. NATIONAL COMMUNICATIONS AUTHORITY ACCRA (RESPONDENT)
PROF. DATE-BAH JSC (RETIRED): This case was initiated by a Notice of Appeal filed by the Appellant on 27th February 2018, expressing dissatisfaction with the decision of the Respondent dated 1st February 2018 and stating the following grounds of appeal: a) "The decision of Respondent purporting to impose the fine of Two Million and Forty Thousand Ghana Cedi (GHC 2,040,000.00) was ultra vires and illegal as the said on was based on a Schedule of Penalties which is ultra vires its parent Act (Act 775) which provides a maximum fine of three thousand penalty units for any infringement of Act. b) The Respondent failed to observe Section 13 of the Electronic Communications Act, 2008 (Act 775) by refusing, failing or neglecting to give the Appellant the opportunity to remedy the breach which had occasioned the decision to revoke the licence. c) Respondent breached the rules of natural justice by not giving the Appellant the opportunity to present its views before the revocation and or a...