Telecom giant, MTN Ghana has expressed its dissatisfaction over a High Court ruling on the legal tussle between it and the National Communications Authority (NCA).
MTN in an attempt to prevent the NCA from implementing some ‘corrective regulations’ after being declared a Significant Market Player (SMP) by the NCA, went to the law court to seek judicial review of what it describes as a ‘procedural flaw’ in being declared a SMP.
The Commercial Division of the High Court in handling the case, required that MTN to prove whether the NCA’s action was in breach of any law, which the former was unable to.
The High Court therefore dismissed the case, giving legal clearance to the NCA to implement the regulations it intends to use to correct the imbalance in the telecom sector.
MTN, however, in a statement said they had taken note of the ruling and acknowledge the role of the NCA in promoting fair competition but their concerns, regretfully remained unsolved and noted that it will explore other available options.
Read below details of MTN’s press release:
JUDGMENT OF THE HIGH COURT ON DECLARATION OF MTN GHANA AS SMP
Scancom Plc. (MTN Ghana) would like to inform its customers, shareholders and other stakeholders that it has taken note of the September 1, 2020 judgment of the High Court of Justice (Commercial Division) which dismissed the company’s application for a judicial review of the declaration of MTN Ghana as a Significant Market Power (SMP).
MTN Ghana acknowledges the duty and powers of the National Communications Authority (NCA) to promote fair competition amongst licensed operators in Ghana’s telecommunications sector within the relevant laws of Ghana and acceptable global industry best practices.
MTN Ghana had challenged on procedural grounds the declaration by the NCA of MTN Ghana as an SMP, arguing that the NCA’s decision did not meet the requirements of procedural fairness.
MTN Ghana respects the decision of the High Court and has full confidence in the Ghanaian judiciary. However, regretfully our concerns remain unresolved. Having had our day in court we will refrain from making further statements or comments on this matter at this time while we explore all available options and next steps in this process.
MTN Ghana would like to reassure the Ghanaian Government, cherished shareholders and customers of its unwavering commitment to the delivery of a bold new digital world in Ghana. The company remains focused on providing the enabling technology to support Ghana’s digital economy particularly during the Covid-19 pandemic.
We will keep customers, shareholders and stakeholders abreast of any material development in this matter.
