Scancom Plc. operators of MTN Ghana has filed papers 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 on Friday after a careful review of the Court’s judgment.
This comes after the High Court of Justice (Commercial Division) on September 1 dismissed MTN’s application for a judicial review of the declaration by the National Communications Authority (NCA) of MTN Ghana as an SMP.
Telecoms giant MTN Ghana said its concerns regarding the National Communications Authority (NCA) declaring it as Significant Market Power (SMP) remains unresolved.
The company said although it respects the decision of the High Court and has full confidence in the Ghanaian judiciary, it will announce its next line of action in the coming days.
The decision to declare MTN Ghana as an SMP is in response to a directive by the Ministry of Communications to the NCA that seeks to address disparities in the market and revenue share in the telecommunications sector.
The Electronic Communications Act, 2008 (Act 775) which provides for the regulation of electronic communications was to be enforced by the NCA to ensure equity for all network operators in the industry.
Following the ruling, MTN Ghana said it acknowledges the duty and powers of the National Communications Authority (NCA) to promote fair competition amongst licensed operators in Ghana’s telecommunications sector within the relevant laws of Ghana and acceptable global industry best practices.
It, however, noted that it had challenged on procedural grounds the declaration by the NCA, arguing that the Authority’s decision did not meet the requirements of procedural fairness.
MTN Ghana assured government, its shareholders and customers of its unwavering commitment to the delivery of a bold new digital world in the country.
“The company remains focused on providing the enabling technology to support Ghana’s digital economy, particularly during the Covid-19 pandemic,” it said.
MTN Ghana said it will refrain from further statements or comments on this matter until it becomes necessary to update all stakeholders of future material developments.