The board of the Electricity Company of Ghana (ECG) challenged fines imposed by the Public Utilities Regulatory Commission (PURC) for not providing a load-shedding timetable. Lawyers argued that the Commission lacks powers equivalent to the High Court.
The board members, who are not involved in day-to-day operations, should not be held liable for management’s actions.
The lawyers argued that the board members were fined without being allowed to present their case or provide input.
This, according to them, violated the principles of natural justice. The letter emphasized that the board members do not accept any personal responsibility for the operational decisions made by those in charge of the company’s daily affairs.
It strongly objected to the actions taken by the PURC, asserting that such measures are unjust and unacceptable.
The following statement was made in a letter regarding a regulatory charge imposed on members of the board: “The Commission’s Order imposing regulatory charges on the members of the board is unlawful, null and void as it is without jurisdiction. By issuing this Order, the Commission has unlawfully given itself the power of the High Court and imposed a sentence on the board members, without allowing them to be heard. This is a violation of the rules of natural justice.”
The letter goes on to state that the clients reject the regulatory order’s contents regarding any personal liability on their part.
The Public Utilities Regulatory Commission (PURC) has imposed a fine of GHS5,868,000 on board members of the Electricity Company of Ghana (ECG) who served from the beginning of the year until March 18, 2024.
The fine was imposed due to a violation of Regulation 39 of L.I. 2413, which requires advance notification to consumers before any interruption in power supply.
This penalty has had an impact on several individuals, including Keli Gadzekpo, who resigned as Board Chair on March 26, and the current ECG Managing Director, Samuel Dubik Mahama.