Sim card re-Registration: Lawyer sues NCA, 3 Mobile networks

A Western Region-based private legal practitioner, Francis Kwarteng Arthur has sued the National Communications Authority(NCA) and 3 other Telecommunication networks in Ghana, seeking an interlocutory injunction to suspend the ongoing registration of sim cards of their subscribers.

Per the motion on notice, the applicant avers that unless the NCA and the telecommunication networks are restrained pending the determination of the issues in the originating motion on notice, they will continue to procure, store and use the personal information of the over 20 million subscribers including his, while having no law or consent authorizing them to do so.

The Sim Registration Program

 In or about September 2021, the National Communications Authority (NCA) announced to the public and to persons who subscribe to mobile network services that they were required to register Subscriber Identity Module (SIM card numbers) and other particulars using the National Identification Card (the “Ghana Card”) only.

Mr. Kwarteng also indicates that in the same announcement by the NCA, a Subscriber who, by March 31, 2022, fails to register his or her SIM card number with his or her National Identification Card will lose his or her SIM card number forever and all services and benefits that come with such a number.

That after he had completed the Stage One registration procedure for MTN, he went to its office or customer care center at the Graphic Road, Accra, at about 4 p.m. to have himself administered to Stage Two of the SIM card number registration process.

Also, he argues that the personal information that the NCA has instructed the mobile networks to procure, store and use have already been procured and stored with the National Communications Authority thus same can be confirmed directly with the NCA by simply using a Ghana card without re-collection or re-storing all over again.

Therefore, he is seeking the Court to;

1. Order the National Communication Authority(NCA) to suspend its notice to mobile networks operators directing and requiring them to procure, store and use the Applicants’ personal information and of other subscribers, pending the determination of the issues in the originating motion on notice.

2. Order Vodafone Ghana, MTN, and Airtel GH., 2nd, 3rd, and 4th respondents respectively to suspend the collection, storage, or use of his personal information and other Subscribers, pending the determination of the issues in the originating motion on notice.

3. And any other order that the court may deem fit under the circumstances for the protection of the fundamental human rights and freedoms of the public at large.

SUBSTANTIVE SUIT

The applicant, Francis Kwarteng Arthur is seeking several reliefs from the High Court which include;

i) That the NCA has violated, is violating, or is likely to violate his fundamental human rights to administrative justice, to property, to speech, to information, and privacy, by directing, instructing or requiring mobile network operators to procure, store or use his personal information.

ii) That by acquiescing to, by accepting to or by complying or preparing to comply with the directive, instruction or requirement by the NCA to procure, store or use my personal information, the mobile networks have each violated, are violating, or are likely to violate his fundamental human rights to administrative justice, to property, to speech, to information, and privacy.

b. An order of certiorari directed to the NCA to bring its directive, instruction, or requirement to mobile network operators to procure, store or use his personal information.

c. An order of perpetual injunction to restrain the Respondents, their workmen, officials, agents or assigns howsoever described or named from collecting, storing, or using or from authorizing, directing, instructing, or requiring the collection, storage, and use of his personal information.