[2020]DLHC8940 • June 23, 2020 • High Court
FRANCIS KWARTENG ARTHUR AND C.A. VANDERPUYE MEMORIAL vs. VODAFONE GHANA LIMITED, SCANCOM PLC (MTN GHANA), KELNIGVG LIMITED , THE NATIONAL COMMUNICATION AUTHORITY AND THE ATTORNEY-GENERAL
The Applicant initiated a suit challenging the President's directive under Executive Instrument 63 (E.I. 63), which authorized the procurement of personal information from communication network operators, including Vodafone Ghana Limited and Scancom PLC (MTN Ghana), without the Applicant's consent. The Applicant contended that this directive and its implementation violated his fundamental rights to administrative justice, privacy, equality, and non-discrimination. The suit sought declarations, certiorari to quash the directive, and injunctions restraining the Respondents from procuring or disclosing his personal information under E.I. 63.
read moreOn the 28th day of April 2020, the Applicant herein per an Amended Originating motion on notice initiated the present suit under Article 33 of the 1992 Constitution of Ghana, Order 67 of The High Court (civil Procedure) Rules, 2004, ( C.I.47) and The Inherent Jurisdiction of the High Court, against the Respondents herein for the following reliefs; a) Adjudge or declare as follows; i. That by procuring or causing the 3rd Respondent or another person to procure the Applicant’s personal information from the 1st Respondent or the 2nd Respondent without following laid down law or procedure or without the Applicant’s consent, the President and the Government have violated , are violating or are likely to violate the Applicant’s fundamental human rights to administrative justice, to privacy or to equality or non-discrimination; ii. That by implementing or intending to implement the President’s directive in E.I. 63 to procure the Applicant’s personal information from the 1st Re...