Court Dismisses Injunction Against Ghana's Digital TV Migration

Ghana’s bid to migrate from analogue to digital terrestrial television (DTT), has been given a boost by the Commercial Court in Accra.

The court, on Monday morning, gave the Ministry of Communication the nod to begin processes to appoint a contractor to migrate Ghana from analogue to digital terrestrial television by June 2015.

It followed the dismissal of an order for interlocutory injunction against the project by a Chinese firm.

In a terse ruling, the court, presided over by Mr Justice George K. Koomson, said “the application for interlocutory injunction has been refused. Reasons to be given on March 16, 2015.”

Deputy Ministers of Communication and Justice, Mr Ato Sarpong and Dr Dominic Ayine, left the courtroom elated.

In an interview with journalists after the court’s decision, Mr Sarpong, said the ministry could now proceed to evaluate tenders documents from 17 companies.

He gave the assurance that Accra and Kumasi would migrate to DTT by June 17, 2015 while other parts of the country would be connected by December 2015.

According to him, some steps had been taken in the past to facilitate Ghana’s migration.

The Court Case

Star Communication Network Technology Company Limited of China, sued the Ministry of Communications through the Attorney-General over the abrogation of an April 11, 2012 contract for the supply and installation of a reliable energy-efficient and cost-effective Digital Terrestrial Television (DTT) Network Solution.

The Ministry of Communication denied any wrongdoing and explained that it abrogated the contract after the plaintiff had made false representations, as well as failed to meet its part of a contractual arrangement to pre-finance the project and be reimbursed within a 10-year period.

An affidavit in opposition to the plaintiff’s motion for interlocutory injunction stated that the ministry acted within the confines of the law before abrogating the contract and for that reason, the plaintiff’s application must be dismissed.

In addition, the Ghana Independent Broadcasters Association (GIBA) joined forces with the Ministry of Communications and prayed the court not to entertain the suit because any delay in Ghana’s bid to migrate to DTT would have a negative impact on its members.