An Accra High Court has cleared the way for the Ghana Broadcasting Corporation start collecting television license fees.

Dr. Charles Wereko-Brobby whose Radio Eye, the first experiment with private radio in Ghana was closed down by government, had prayed the court for an "order of perpetual injunction restraining [GBC], 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 court said the state broadcaster has the power and authority to collect the fees.

It, however, found merit in aspects of the case relating to the mode of sharing the proceeds of the TV license fees.

The court will now look into that and has directed GBC to hold on with disbursing any money collected.

A certain percentage of the TV license was initially meant to be allocated to the Ghana Independent Broadcasters Association and a government-sponsored Media Development Fund.

Dr. Wereko Brobby argued that GBC "cannot cannot share any money received by it with any other entity whether private or state-owned as same ought to be deposited in its bank accounts.”

The court believes there is merit in the argument and ordered GBC to suspend any intended disbursement.

Lawyer for GBC, Dennis Adjei Dwomoh, said the ruling was expected.

His opposing counsel, Egbert Faibille is content with the partial victory.

He said the court's decision barring GBC from sharing the money according to some formula that would have seen private TV stations benefit, is a victory for the rule of law and due process.

Other taxpayers who run private businesses do not benefit from any levies collected by state institutions. 

He does not understand why money will be collected from citizens and a portion of same given to private television broadcasters.

The merits of these arguments would be assessed by the court at a later date.

The National Media Commission and GIBA are expected in court next week to justify why they should benefit from the TV license fees.