Nine persons sue NCA over SIM Registration directive

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SIM Registration

Some nine persons have dragged the National Communication Authority (NCA) to the High Court over its directives on Subscriber Identity Module (SIM) card reregistration.

The NCA had given a deadline to mobile phone subscribers to re-register their phone numbers using on the Ghana Card or risk having the numbers blocked by telcos today, September 30, 2022.

Meanwhile, Ghana Cards are issued by the National Identification Authority (NIA), and the NIA had indicated that it would be very difficult for it to issue Ghana Cards to all persons by the September 30, 2022, deadline.

The Lawsuit

The nine persons filed an application for judicial review of the Mobile Phone Sim Card re-registration directives describing the directives as punitive. Joined in the suit is the Attorney General.
The nine applicants are Belynda Odey Hammond, Jennifer Elorm Dzikunu, Charity Mansah Afua N. Ackotia, Nsor Sabasi, Jospehine Annor Prempeh, Vida Delacy Kemovor, Regina Elikplim Dagadu, Irene Ayariga and Tracy Ashong.

They are praying the court for an order of interlocutory injunction restraining their agent, workmen, contractors’ sub-contractors, and associates deriving authority through the NCA from imposing any punitive measure/sanctions, including deactivating, restricting, churning, and or in any way or limiting them from using the mobile phone sims and network services until the final determination of the case.

According to the applicants, NCA acted beyond its jurisdiction when it issued the punitive directives requiring them to re-register their mobile phone SIM with the Ghana Card as the only identity document on or before September 30.

In a writ filed on September 26, 2022, the nine applicants who are customers of MTN, Airteltigo, and Vodafone, said they had applied for Ghana Cards between 2020 through 2022 but yet to receive them.

The applicants held that since the year 2008 when Act 750 was enacted, the NIA had not been able to register all Ghanaians and other persons entitled to be registered as mandated by law at any point in time.

According to the applicants, its registration process continued to be fraught with technical, human, and funding challenges. The registration process has been conducted in phases across the country, the applicants held.

They opined that the process of registering and obtaining a Ghana Card was entirely out of their power and control and same entirely rested on the process and mechanisms put in place by the NIA.

Indeed, the issuance of Ghana Card in beyond the control of the NCA and the Minister of Communications so they cannot issue deadlines in relation to when people should obtain Ghana Cards and when NIA should issue Ghana Cards.

Hearing for their application is fixed for October 6, 2022.

Meanwhile, ahead of the September 30 deadline the NCA suffered a backlash when it asked telcos to block outgoing calls from unregistered and partially registered SIM cards on September 5, 2022. One pressure group called The People’s Project filed a lawsuit against the NCA, while another group led by Selorm Branttie threatened a class action lawsuit.
The NCA has since suspended those sanctions, and nothing has since been heard from their quarters on the matter.

Government has said that the reason it insists on only Ghana Card being used for SIM registration is to build a SIM database with integrity to curb fraudulent activities and secure SIM card-based transactions while aiding the determination of accurate valid SIM cards across telecommunications networks at any point in time.

But the NCA itself has contributed to the delay in the process because even though the Ghana Card already has the individual’s biometric data captured on it, the NCA insisted on capturing another set of bio-data in addition to that. #

That additional bio data capture with an app developed by some private contractors of the NCA unduly delayed the whole exercise, created long queues as registration centers and caused a lot of frustration for Ghanaians.

Non-residents, visitors, diplomats 

Meanwhile, up to the end of December 2022, non-resident Ghanaians without Ghana card can use passport to complete the process via the app but would be required to update details once they acquired the Ghana card.

All visitors to Ghana can now acquire SIMS with their passport and Airport Authorities have to work with network operators to provide adequate venues for the registration of SIMs at the Airport and these would be valid for three months.

To use the SIM card for long period visitors must acquire the non-citizen identification card to validate their SIMs.

Ghanaians on official assignments outside the country or students on scholarship who could not acquire Ghana card by December are to contact the NCA.

Special provisions have already been made for members of the diplomatic corps in consultation with the Ministry of Foreign Affairs and Regional Integration.

A decision is to be taken with the NIA on modalities for amputees and others with physical challenges who had difficulty registering their SIMs.

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