[2019]DLECT7095January 31, 2019Electronic Communication Tribunal

AIRTEL TIGO GHANA LDT (APPELLANT/APPLICANT) vs. NATIONAL COMMUNICATIONS AUTHORITY ACCRA (RESPONDENT/RESPONDENT)

The Appellant, Airtel Tigo Ghana Ltd, was sanctioned by the National Communications Authority (NCA) for alleged noncompliance with quality of service requirements under its 3G Licence, resulting in a penalty of eleven million, six hundred and thirty-five thousand Ghana Cedis. The Appellant contended that the sanction was wrongful and invalid, filing an appeal with six grounds challenging the legality, fairness, and constitutionality of the NCA's decision.

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RULING ON MOTION ON NOTICE FOR STAY OF EXECUTION PENDING APPEAL PROFESSOR DATE-BAH, JSC (RETIRED): This is the unanimous Ruling of the Tribunal. The Applicant, on the 18th day of December 2018, filed a Notice of Appeal expressing dissatisfaction with a decision of the National Communication Authority dated the 21st day of November 2018. The Appellant/Applicant has pleaded that this decision imposed a sanction on it for non-compliance with quality of service requirements in the amount of eleven million, six hundred and thirty-five thousand Ghana Cedis. The Appellant/Applicant contends that this decision is wrongful and invalid. In support of this contention, the Appellant/Applicant has filed six grounds of appeal. These are: 1. The Respondent's decision to impose sanctions on the Appellant per its letter dated 21st November 2018 is contrary to the rules of natural justice. 2. The Respondent erred in law when it determined that the Appellant had breached the KPls in its 3G Licence w...