TV Licence Decree Is A Bad Law; It Has Lost Its Relevance In The Country - Egbert Faibille

An Accra Fast Track High Court on Monday August 10, 2015 gave the Ghana Broadcasting Corporation [GBC] the green light to collect the controversial TV licence fees but a private legal practitioner, lawyer Egbert Faibille believes it is time to abolish certain laws in the Constitution.

The Fast Track High Court presided over by Justice R.B. Batu in his ruling over an application for interlocutory injunction filed by lawyers of Dr. Charles Wereko-Brobby paved the way for domestic television users with one set to pay GH¢36 for a licence annually, instead of the old fee of 30Gp.

Though the court ruling favored the writ filed on behalf of Dr. Wereko-Brobby by Egbert Faibille Jnr. of Faibille & Faibille Law Firm, stated among others things, that GBC, “cannot share any moneys received by it with any other entity, whether private or state-owned as same ought to be deposited in its bank account”, the lawyer on Okay FM said “the law is a bad law”.

He explained that the law which was promulgated in 1966 under the National Liberation Council Decree 226 by the Military government which overthrew Nkrumah’s government acted as the same Legislature and Executive to pass that law.

He stressed that the TV licence law could have come out differently if the bill was sent to Parliament for proper scrutiny but he added that despite the law is bad, it is still the law which must be fully adhered to unless somebody takes it to court for infringing on human right.

“Insofar as that law stands, GBC has the right to collect TV license unless somebody takes it to court that it is unconstitutional on human right and so it should be abolished. TV Licence law is a bad law...the law has exceeded its relevance in the country because it is not television programs is TV set is used for; that law is not correct at all. There is the need to change certain decrees and criminal laws which were made under certain circumstances,” he asserted.