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Supreme Court dismisses GIBA free-to-air suit

The Supreme Court has unanimously dismissed the Ghana Independent Broadcasters Association (GIBA) case challenging the right of  the state to set conditions for access to free-to-air TV broadcast

The court held that the private broadcasters prematurely invoked its jurisdictions on a policy that is yet to be implemented.

The seven-member panel presided over by Justice Kwasi Anin Yeboah maintained that the plaintiff failed to properly invoke its (Supreme Court’s) jurisdiction.

It said the independent broadcasters came to court in anticipation of the breach of their rights rather than an actual breach of their rights contained in Article 162(3) of the 1992 Constitution.

GIBA sued in January 2020, decrying an attempt by the state regulator in breach of the media freedom, protected under Article 162( 3 )of the 1992 Constitution.

Article 162 (3) stipulates that “There shall be no impediments to the establishment of private press or media…..”

Joined to the writ as defendants is the Attorney–General (A-G).

However, in the judgement delivered by Justice Sule Gbadegbe


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