Thursday 30 July 2015

Exclusive: Wereko-Brobbey sues GBC, three others; seeks injunction on collection of TV licence fees

GraphicOnline can exclusively report that the founder of the defunct Radio Eye, Charles Wereko Brobby, has filed a suit at the Fast Track High Court in Accra, seeking to restrain the Ghana Broadcasting Corporation (GBC) from “illegally” collecting TV Licence fees from August 1, 2015.

The National Media Commission (NMC), Ghana Independent Broadcasters Association (GIBA) and the Attorney-General are second, third and fourth respondents respectively in the case.

According to GraphicOnline’s Chief Legal Correspondent, Mabel Aku Baneseh, Dr Wereko Brobby, who is being represented by Egbert Faibille Jnr. of Faibille & Faibille law firm, contends that GBC, “cannot share any moneys received by it with any other entity whether private or state-owned as same ought to be deposited in its bank accounts.”

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.”

In the writ of summons, a copy of which is in the possession GraphicOnline, Dr Wereko Brobby is praying the court to declare that it is illegal for the 2nd, 3rd and 4th respondents to be beneficiaries of any TV licence fee collected.

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.”
source:graphiconline
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