SIM card re-registration: Court declines injunction, certiorari application against NCA

A High Court in Accra on Monday, November 21, 2022, declined an application for injunction and writ of certiorari sought by nine persons against the sim card-reregistration.

In its ruling, the court presided over by Justice Charles Edward Ekow Baiden, affirmed among others that the National Communications Authority has the full legal mandate to conduct the SIM registration.

Therefore it held that the NCA has not exceeded its powers nor breached the natural justice principle, after having given sufficient extensions of the deadlines for the exercise.

You may recall that nine applicants;  Belynda Naa Odey Hammond, Jennifer Elorm Dzikunu, Charity Mansah Afua N Ackotia, Nsor Sabasi, Josephine Annor Prempeh, Vida Delacy Kemevor, Regina Elikplim Dagadu, Irene Ayariga, and Tracy Ashong on September 22, filed an action at the court averring inter alia that the impugned directive of the NCA requiring the applicants to re-register their mobile phone sim with the Ghana Card as the only identity document, at a time when the National Identification Authority had not been able to issue Ghana Cards to applicants, was in breach of Articles 21, 23 and 296 of the 1992 constitution of the Republic of Ghana, the National Communications Authority Act 2008 (Act 769), etc

And that the NCAs directive to impose punitive measures/sanctions commencing 5 September 2022, breach Articles 21, 23, and 296 of the 1992 constitution of the Republic of Ghana, the National Communications Authority Act 2008 (Act 769), etc.

Furthermore, the applicants averred that the NCAs directives to the mobile telecommunication companies to block, disconnect, deactivate, churn and/or in any other way or manner limit the use of the applicants’ mobile phone sim cards and network services by 30 September 2022, at a time when there was no reasonable possibility of applicants receiving their Ghana Cards from the National Identification Authority on or before 30 September 2022 was unfair, unreasonable, contrary to law and to that extent, unenforceable.

They thus sought an order of perpetual injunction restraining the NCA, whether acting by themselves or through agents, workmen, contractors and subcontractors, associates, as well as any such person or persons, from claiming and/or deriving authority through and/or under any or all of the respondents named in the application from imposing punitive measures. 

However, the court’s ruling, indicated also that the NCA has the power to limit the National Identity document for the purpose of SIM registration in the Ghana Card only per the National Identity Register 2012 Regulation 7 of L.I. 2111.

Additionally, the court held that the dictates of national security and the need to prevent crime make it imperative for the NCA to undertake the SIM registration exercise thereby declining the applicants' reliefs.