MTN Ghana has applied to the Supreme Court for a review of the recent ruling of the Commercial Division of the High Court that allows the National Communications Authority (NCA) to go ahead with processes to correct the imbalance in the telecoms sector following the naming of MTN as a significant market power (SMP).
MTN had earlier gone to the High Court challenging what it called “procedural breaches” in declaring it as an SMP. But the court did not find any illegality in the NCA’s decisions and steps to implement the law on SMP in Ghana, as contained in Section 20 (8 to 13) and Section 25 (2) of the Electronic Communications Act, Act 775, 2008.
Their case was therefore dismissed, following which it announced that its concerns still remain unsolved so it will “explore all available options” in seeking redress.
It therefore does not come as a surprise that MTN has decided to go the the highest court of the land to get finality to the matter.
In a statement, MTN said “…as a good corporate citizen and considering the international investment community, we believe that a decision by the highest court of the land would provide certainty and a veritable precedence on the procedural fairness in this, and future regulatory decisions of the Authority.”
Below is the full statement from MTN issued on Saturday, September 5, 2020.
MTN GHANA APPLIES TO SUPREME COURT FOR RESOLUTION OF SMP DECLARATION
Accra 5th September 2020. Scancom Plc. (MTN Ghana) would like to inform its customers, shareholders and other stakeholders that it filed papers on Friday 4th September at the Supreme Court seeking to review the High Court’s recent decision regarding the declaration of MTN Ghana as a Significant Market Power (SMP). This step was taken after a careful review of the Court’s judgment.
On September 1, 2020 the High Court of Justice (Commercial Division) dismissed the company’s application for a judicial review of the declaration by the National Communications Authority (NCA) of MTN Ghana as an SMP. MTN Ghana respects the decision of the Court, however in our opinion the judgement did not address our concerns that the NCA’s decision did not meet the requirements of procedural fairness.
MTN Ghana acknowledges the duties and powers of the NCA to promote fair competition amongst licensed operators. We also support the legitimate exercise of the NCA’s regulatory powers, but as a good corporate citizen and considering the international investment community we believe that a decision by the highest court of the land would provide certainty and a veritable precedence on the procedural fairness in this, and future regulatory decisions of the Authority. This will no doubt safeguard the interest of customers, shareholders, investors and the wider industry.
We believe Friday’s step still provides an opportunity for further engagements with the regulatory authorities. Indeed, MTN Ghana continues to reach out to the regulator and key stakeholders to have the concerns of both sides addressed in a collaborative and amicable manner.
MTN Ghana further assures its cherished customers, shareholders and other stakeholders of its unflinching commitment to its regulatory obligations and support for the Ghanaian Government’s efforts to enhance growth and competition in all segments of the telecommunications market. The company will continue to invest and innovate to realise its belief that every Ghanaian deserves the benefits of a modern connected life.
MTN Ghana will refrain from further statements or comments on this matter until it becomes necessary to update all stakeholders of future material developments.
Corporate Services Executive