An interlocutory injunction application filed by two private Ghanaian citizens in connection with the controversial $89 million mobile phone revenue monitoring deal between the Government of Ghana and KelniGVG, has been adjourned to July 3 to enable the Presiding Judge, Justice Anthony Yeboah of the Court of Appeal, who sat on the matter with additional responsibility as a High Court Judge, study the docket, since, according to him, it was given to him just 30 minutes prior to the hearing, which he conducted in his chamber rather than in open court.
Ms Sara Asafu-Adjaye and Mr Maximus Amertogoh sued the Government, praying the court to stop the implementation of the real-time traffic monitoring of mobile phone communication.
They want the Minister of Communication, the National Communication Authority, Ghana Revenue Authority, Attorney General, Ghana Chamber of Telecommunications and the telecommunications networks to cease the traffic monitoring.
They want from the court, “an order of interlocutory injunction restraining the respondents, whether by themselves, their servants, workmen, hirelings, agents, privies or any persons claiming under or through them, whosoever described from implementing and operationalising the Common Platform until the final determination of this suit.”
The plaintiffs further argue that the “intended implementation of the Common Platform constitutes a real threat to the enjoyment of their fundamental human rights to privacy and for which reason on 8 June 2018, applicants commence an action against the respondents for the reliefs endorsed therein.”
In a related development, Justice Yeboah also adjourned a similar case between Citizen Ghana Movement, IMANI Ghana on one side and the Government of Ghana on the other side, on the same KelniGVG matter, to the same date.
He indicated that there were no records of affidavit served in opposition to the parties.
The two organisations are seeking an interlocutory order restraining government from implementing the common platform, which will allow the monitoring of revenue accrued by telecommunication companies operating in the country.
Minister of Communication, Ursula Owusu-Ekuful was in court for the hearing.
Government’s $89 million deal with GVG/Kelni for the design, development and implementation of a common platform for traffic monitoring, revenue assurance and mobile money monitoring, has come under a lot of scrutiny, especially from policy think tank, Imani Africa.
The issues of breaching the privacy of Ghanaians, if the deal is implemented, have also come to the fore.
Imani Africa wants the contract cancelled because it believes the deal is “needless” and a rip-off.