The Supreme Court has dismissed a suit by the Ghana Independent Broadcasters Association (GIBA) which was challenging the decision of the National Communications Authority (NCA) to introduce conditional access for free-to-air (FTA) television.
In its suit, GIBA alleged that the conditional access which would have made some television contents paid for was an impediment to the establishment of private press and, therefore, a violation of Article 162 clause 3 of the 1992 Constitution.
However, in a unanimous decision Tuesday, June 23, a seven-member panel of the apex court dismissed the suit on the basis that GIBA failed to properly invoke its jurisdiction to interpret and enforce the constitution.
According to the court, presided over by the Chief Justice, Justice Anin Yeboah, the conditional access that GIBA was unhappy about was yet to be implemented and, therefore, GIBA was complaining about an anticipatory breach of the constitution.
It was the view of the court that the a person can only ask the Supreme Court to enforce the constitution with regard to the actual breach and not anticipatory breach.
The judgement of the court was read by Justice Sule Gbadegbe.
The court dismissed the case following a preliminary legal objection filed by lawyer for the NCA, Mr Gary Nimako Marfo.
Source: www.graphic.com.gh
