An Accra High Court hearing the case challenging implementation of the revenue monitoring system by the Government of Ghana and its contractors, Kelni/GVG, has given the Ghana Revenue Authority (GRA) an opportunity to file arguments in opposition to a request for an injunction on the process.
Two citizens, Sara Asafu-Adjaye and Mr Maximus Amertogoh are asking the court to stop the implementation of the real-time call traffic monitoring on grounds that it breaches the right to privacy of mobile phone subscribers.
The Plaintiffs are requesting 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.”
They believe the “intended implementation of the Common Platform Constitutes a real threat to the enjoyment of their fundamental human rights to privacy" for which reason on June 8, 2018, they commenced an action against the Respondents, the Communications Ministry and the GRA, for the reliefs they are seeking.
“Instead of connecting to only the billing node as stipulated in Act 864, the connections will be made to all the physical network nodes,” they claim.
Think tank IMANI Africa has also been championing the cancellation of the $89 million Kelni GVG deal which is in line with the Communication Service Tax (Amendment) Act, 2013, Act 864.
An attempt by the NCA to stay execution of an injunction order granted by the High Court was thrown out by the Appeals court. John Ato Bonful, Nana Ama Adom-Boakye Kanyi and the Citizens Ghana Movement had secured an injunction against government's execution of the Kelni contract at least until the substantive case has been determined.
This request was granted with the court fixing July 9 as the deadline for the Communications Ministry to provide the contract details.
The legal woes of the Ministry, however, deepened on Wednesday, July 4 when a Court of Appeal turned down a request to suspend an injunction granted against the National Communications Authority for terminating a similar revenue monitoring agreement with Subah Info Solutions.
Lawyers for the GRA which has been joined to the suit, on Thursday asked for permission to respond to the application for an injunction on the revenue monitoring system.
Justice Anthony Yeboah granted the request and adjourned proceedings to July 10, 2018.
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