What is the Electronic Communications Tribunal?
The Electronic Communications Tribunal (ECT) is an institution which sits on appeals from decisions or orders made by the National Communications Authority (NCA) and the Dispute Resolution Committee of the NCA in respect of the regulation of electronic communications, the regulation of broadcasting, and the use of the electro-magnetic spectrum and related matters in Ghana.
The Tribunal was established by an Act of parliament in 2008.
What is the function of the ECT?
The ECT is mandated to fully hear an appeal and it may quash the decision or order of the NCA or the Dispute Resolution Committee of the NCA, or allow the appeal in whole or in part, or dismiss the appeal and confirm the decision or order complained of.
Is the ECT a court?
The ECT is not a regular court. As its name suggests, it is an industrial/administrative tribunal.
However, a decision of the Tribunal has the same effect as a judgment of the High Court. A person dissatisfied with a decision of the Tribunal may appeal to the Court of Appeal on points of law.
The decisions of the Tribunal are by unanimous or majority vote. The Tribunal, like a court, is required to write out its rulings and state the reasons for its decisions.
The Tribunal has more laxity than a regular court in respect of the evidence that may be presented before it. The Tribunal is mandated to hear or consider evidence of any kind, including evidence that is not admissible under the strict rules of evidence, if it considers it necessary to ensure justice.
A party may also give evidence of any kind, call or question a witness or address the Tribunal.
What kind of dispute may be submitted to the ECT?
Any dissatisfaction with a decision of the NCA or the Dispute Resolution Committee of the NCA may be submitted to the Tribunal.
Who may file an appeal at the ECT?
Electronic communications and broadcasting service providers and electronic communications and broadcasting networks may lodge an appeal with the Tribunal.
This means any service provider that operates or provides services by means of wire, radio optical or electromagnetic transmission emission or receiving system. This includes mobile network operators, television networks, radio stations, and Internet service providers etc.
Is the ECT an agency of the NCA?
The Tribunal is not an agency of the NCA. It is an independent institution.
Can one be represented during the proceedings?
The parties may appear in person or may be represented by a lawyer, an expert or any other person.
What are the ECT’s procedures?
The Tribunal has its own rules of procedure, but may rely on the Rules of Court where there is no provision in its rules regarding a particular issue.
Are the ECT’s proceedings confidential?
The Tribunal is required to conduct its hearings in public, unless it decides to do so in chambers. Thus, its hearings are not ordinarily confidential, and any member of the public may attend.