TV license injunction case hearing today

daniel russell

August 10, 2015 5:38 AM

The Application for an Order of Interlocutory Injunction seeks to restrain GBC from collecting the TV Licence Fees from the intended date of August 1, 2015 and sharing the fees with the NMC, GIBA, and the Film Fund.

The Fast Track High Court, Accra will today hear an application for an order of interlocutory injunction brought by Dr. Charles Wereko-Brobbey seeking to restrain the Ghana Broadcasting Corporation (GBC) from collecting TV Licence Fees.

Dr. Wereko-Brobby filed a writ of summons on July 29, 2015 against GBC, the National Media Commission (NMC), the Ghana Independent Broadcasters Association (GIBA) and the Attorney General seeking various reliefs and followed the writ of summons up with an Application for an Order of Interlocutory Injunction against all the Defendants.

According to him, the formula for sharing the fees which will be collected is unlawful and violates LI 226, NRCD 89 as well as NLCD 226.

The plaintiff also contends, among other contentions, that the “2nd, 3rd and 4th Defendants have not been appointed by the Minister of Finance by any legislative instrument to be a licensing authority(s) as provided for by NLCD 89; particularly when 3rd Defendant as an association and/or its individual members are not statutory corporations.”

The plaintiff is also praying the court for an “order of perpetual injunction restraining 1st Defendant, its official, assigns, hirelings, privies, servants, agents and/or any person claiming under or through it; and howsoever described from commencing and/or resuming the collection of the newly introduced TV Licence Fees from the 1st day of August, 2015 or any date thereafter as the formula for sharing same as announced and/or any other formula for sharing same among Defendants is unlawful and a violation of LI 226, NRCD 89 as well as NLCD 226.”

The Director-General of the Ghana Broadcasting Corporation (GBC), Major (Rtd) Albert Don-Chebe had said that his outfit has been unable to deliver quality services due to poor funding.

Out of the amount, GBC will take tha largest share of 72%, the Ghana Independent Broadcasters Association (GIBA) will take 15%, the Media Development Fund will take 4%, the National Media Commission will take 4%, Film will take 2% and for managing the collection, GBC will take an extra 2% which will bring their number to 75%.

The suit has put GBC’s intention to collect the TV Licence Fees from August 1, 2015 on hold.

Dr. Wereko-Brobby is represented by Egbert Faibille.Jnr, an Accra legal practitioner.

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daniel russell