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THE REPUBLIC
V.
CLEMENT NARTEY & ANOR

(2016) JELR 107114 (HC)

High Court 28 Nov 2016 Ghana
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- The accused persons are charged with three offenses: providing electronic communication service without a license, being in possession of devices designed for committing an offense, and knowingly obstructing and interfering with communica

Case Details

Suit Number:FT/0004/2015
Judges:AFIA SERWA ASARE-BOTWE (MRS.)
Counsel:MS. DORM FIADZOE FOR THE REPUBLIC PRESENT AND ROBERT APAYA FOR THE NATIONAL COMMUNICATION AUTHORITY MR. ELLIS QUARSHIGAH FOR THE ACCUSED PERSONS PRESENT

JUDGMENT

The accused persons are charged with the following offences;

1. Count One: Providing electronic communication service without license contrary to section 3(1) and section 73(1)(a) ,(c)of the Electronic Communications Act, 2008 (Act 775)

2. Count two: Being in possession, without lawful excuse, of devices designed or adapted for the purpose of committing an offence contrary to section 135 of the Electronic Transactions Act, 2008 (Act 772).

3. Count Three: Knowingly obstructing and interfering with the sending, transmission, delivery and reception of communication contrary to section 73(1) (e) of the Electronic Communications Act, 2008 (Act 775).

FACTS

The facts of the case as presented to the Court are that on the 21st of March, 2015, an Anti-Fraud Telecom Task Force consisting of personnel from the Police, National Communication Authority and telecommunication service providers with the assistance of a SIM box detecting device traced the two accused persons to a shop a…

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