Court of Appeal affirms NCA’s power to order reduction in coverage radii for Joy, Asempa FM

The Court of Appeal has upheld the decision of the High Court that the National Communications Authority can reduce the coverage radii of Joy and Asempa FM from 100km to 45km.

The NCA issued provisional renewal authorizations to the two stations in 2018, when the applied for this renewal.

However, the NCA noted that they would have to reduce their coverage areas before they would be issued the final renewal authorizations. The NCA subsequently threatened to shut down the stations if they did not comply, a move which prompted an injunction at the High Court.

The court, presided over by Justice Georgina Mensah Datsa granted an injunction against the NCA’s threat.

In 2019 however, the court ruled that the NCA did not lack the power to take that action.

An appeal shortly followed at the Court of Appeal which had already refused to grant fresh injunction.

In a unanimous judgment by a panel of three justices namely Henry Coffie, Ama Gaisie and Adjei Frimpong, the Court of Appeal has indicated that the NCA’s power to demand a reduction in the coverage radii of the two stations was not illegal.

Justice Adjei Frimpong noted that the power of the NCA included making such a directive, in line with its policies.