Sim card re-registration suit dismissed by court
In its latest decision, the court has held that the SIM card re-registration is not unlawful.
A High Court in Accra has dismissed a suit challenging the re-registration of SIM cards in Ghana.
The suit, which was filed by a Western Region-based private legal practitioner, Francis Kwarteng Arthur, initially sought an interlocutory injunction to suspend the ongoing registration of sim cards of their subscribers and had the National Communications Authority(NCA) and 3 other Telecommunication networks in Ghana as the defendants.
Per the Motion on Notice, the applicant averred 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 applicant was seeking inter alia an;
Order the National Communication Authority(NCA) to suspend its notice to mobile network 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.
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.
Also per his substantive suit, lawyer Francis Kwarteng Arthur sought from the High Court declaratory reliefs which included;
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.
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.
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.
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.
However, in December 2021 the court dismissed and struck out the injunction application which sought to halt the exercise.
In its latest decision, the court presided by Justice Barbara Tettey-Charwey has held that the SIM card re-registration is not unlawful because the first defendant; NCA did not violate any law in making the decision.
Additionally, the court held that the SIM card re-registration exercise is in the interest of the General public.
The SIM card re-registration is in force and is expected to end on July 31, 2022.
