MFWA to drag NCA to court over access fee

The Media Foundation for West Africa has dragged the National Communications Authority to court over a fee of GHS2,000 charged by the authority for access to information.

The Foundation wrote to the NCA a year ago asking for information on the radio and television stations whose authorisations had been revoked.

It, on the strength of the constitutional and statutory guarantees for right and access to information, demanded from the NCA the authorisation and business registration details of the revoked frequencies.

But, in response, the NCA demanded GHS2,000 as search fees in line with its revised fees and charges guide as gazette in February 2021.

The Foundation is however arguing before the Court that the fee is unlawful, exorbitant and in breach of the letter and spirit of the Right to Information Act as it breaches the Foundation’s fundamental right to information.

The Foundation argues that the GHS2,000 is NCA’s attempt to deny, refuse, fail or neglect the Foundation’s right to the information requested.

It holds that the NCA has acted “unconscionably, unjustifiably, unreasonably, unfairly and arbitrarily and in breach of specific provisions of Act 989 complained about in the suit”.

The case is expected to be heard on Wednesday, March 31, 2021, following the court’s inability to sit on Monday, March 15, 2021.

The MFWA is praying the court for the following reliefs;

1. A declaration that the decision and demand by Respondent contained in its letters dated July 29, 2020, and August 20, 2020, complained about are unlawful, unreasonable, unfair, and in violation of Applicant’s constitutional and fundamental right to access information.
2. A declaration that the amount of ¢2,000 demanded by Respondent from the Applicant in order to generate the information constitutes constructive denial, refusal, failure or neglect, and breach of Applicant’s right to information under Article 21(1) (f) of the 1992 Constitution of Ghana
3. A declaration that the amount demanded is not only unlawful but unconscionably exorbitant in breach of the letter and spirit of Act 989 and Applicant’s fundamental rights to information
4. A declaration that the information requested by the Applicant is not subjected to a charge/fee; or in the alternative,
5. A declaration that if Applicant were liable to a charge/fee, the same ought to be an ascertainable amount to cover the actual cost of reproduction or photocopy of the information sought only