It seems that last week’s decision against MTN Ghana in the Commercial High Court in Accra is not going to be the end of the story.
In the aftermath of its failed attempt to challenge its recent classification as a Significant Market Power by the regulator, the National Communication Authority (NCA), MTN Ghana said its concerns remained unresolved and that it will “explore all available options and next steps in this process”.
With the news that MTN Ghana is applying to the Supreme Court for a resolution of the SMP declaration, we now know what those next steps will be.
In a press release, the company told its customers, shareholders and other stakeholders that it had filed papers on Friday 4 September at the Supreme Court seeking to review the High Court’s recent decision. “This step,” says MTN Ghana, “was taken after a careful review of the Court’s judgment.”
The company explains that, while it respects the decision of the Court, it believes that the judgement “did not address our concerns that the NCA’s decision did not meet the requirements of procedural fairness”.
Couching its opinion in careful language, MTN Ghana says it acknowledges the duties and powers of the NCA to promote fair competition among licensed operators and supports the legitimate exercise of the NCA’s regulatory powers.
However, the company continues, “as a good corporate citizen and considering the international investment community we believe that a decision by the highest court of the land would provide certainty and a veritable precedence on the procedural fairness in this, and future regulatory decisions of the Authority”.
