The Member of Parliament for Mpraeso, MP Davis Ansah Opoku decried a recent directive from the Minister of Communications, Digital Technology, and Innovations as an “unlawful ministerial interference” in the National Communications Authority’s (NCA) operations.
The directive—issued in a media advisory on 18th February 2025—orders the NCA to take enforcement action against broadcasting stations allegedly operating without valid authorisations, a move Opoku argues is both legally and constitutionally unsound.
Unconstitutional Overreach Opoku warned that the minister’s move flagrantly violates Section 3(1) of the National Communications Authority Act, 2008 (Act 769), which clearly states that the Authority “shall not be subject to the direction or control of any person or authority” in its functions.
He stressed, “The Minister does not possess the legal authority to direct the NCA’s regulatory or enforcement actions.” Similar safeguards are embedded in the Electronic Communications Act, 2008 (Act 775), which mandates that frequency authorisation and spectrum usage remain under the exclusive control of the NCA.
Due Process Ignored Highlighting the breach of due process, MP Opoku noted that even if the broadcasting stations in question have licensing issues, the law requires a formal notification, a reasonable timeframe for rectification, and the opportunity for an appeal before any enforcement action can be taken.
“There is no evidence that these legal procedures were observed prior to the Minister’s directive,” he asserted, warning that bypassing these procedures not only undermines fair regulatory practices but also threatens the integrity of Ghana’s democratic institutions.
Assault on Press Freedom The MP also condemned the directive as an attack on press freedom. Citing Article 21(1)(a) of the 1992 Constitution—which guarantees freedom of expression, including media freedom—Opoku argued that government-directed shutdowns of broadcasting stations without due process send a “chilling message” to journalists and media organisations.
He warned that such executive overreach could extend beyond the NCA to other independent institutions like the Electoral Commission and the Judiciary.
A Call for Decisive Parliamentary Action Concluding his address, MP Opoku called on Parliament to act swiftly: Summon the Minister to appear before Parliament and explain the directive.
Instruct the NCA to suspend all enforcement actions related to the directive until due process is observed.
Charge the Committees on Communications and Constitutional and Legal Affairs with investigating whether the Minister acted unilaterally or under political pressure
