Three months off air, unemployed

On August 9, 2019, when I awoke to the realization that I have not "worked" for three months, one image tormented me. 

That image is the forceful manner in which Radio Gold was asked to go off the 90.5FM dial on May 9, 2019; leaving me with only one question, "why such show of force?"

As I pondered over the question, one thought kept recurring; a thought I could not shake off.

That thought was the narration of how the decision to order Radio Gold to go off air was taken. 

The narration in question is that of Dr. Valerie Sawyerr.

For me, it is the narration that settles the question of "why the show of force?" and explains the treatment of two radio stations like crime dens under the administration of a "Human Rights" lawyer who once argued against the imposition of any form of licensing regime. 

Any believer in rule of law will cringe at the thought  of the invasion of a radio station, with armed security officers, bearing a letter dated a day earlier and forcing a member of management to turn off the radio station. 

Remember, the invasion was not to deal with suspected criminal activity or for national security reasons but "enforce a tribunal ruling" on outrageous fines imposed on the radio stations.

NCA Act

For the avoidance of doubt, the NCA act is clear on the processes to be followed before the suspension or revocation of a license,  assuming that was what the NCA was attempting to do. 

(2) The Authority shall, before exercising the power of suspension or revocation under this section, give the licensee or the authorization holder thirty days notice in writing of its intention to do so and specify in the notice the grounds on which it proposes to suspend or revoke the
licence or the frequency authorization. 

(3) Where the Authority decides to suspend or revoke a licence or authorization, the Authority shall give the licensee or authorization holder the opportunity 

(a) to present its views"
(b) to remedy the breach which has occasioned the decision to suspend or revoke the licence, and
(c) to submit to the Authority within the time specified by the Authority a written statement of objections to the suspension or revocation of the licence or the frequency authorization.

Tribunal Ruling

The reason assigned at the time of the closure was, "enforcement of the ruling of the Electronic Communications Tribunal"

Apparently a tribunal chaired by a retired Supreme Court judge with a lawyer and former EOCO Boss and a Communications Professor as members ordered that the NCA invade radio stations bearing letters dated a day earlier with armed police men ordering radio stations to go off air. 

That is what the information minister Kojo Oppong Nkrumah said. 

That they were enforcing the ruling of the tribunal. 

Did the tribunal really order that radio stations be forced off air?

Following the announcement of the neck breaking fines by the National Communication Authority under the direction of the Communications minister, Radio Gold went to court. 

Radio Gold's case was simple; the NCA acted unjustly and violated due process.

Radio Gold's lawyers were of the opinion that their client was not treated fairly because they were not given a fair hearing. 

The constitution frowns on the arbitrary, unfair use of administrative power; and Radio Gold's lawyers were convinced that the NCA and the Communications ministry had given the constitution a slap in the face by not giving their client, a fair hearing before imposing a fine of GHC61,330,000.

Whiles the ministry had initiated a process to revise the fine downwards after several appeals, Radio Gold remained defiant and pursued its rights in court.

At about the same time,  GIBA on behalf of some radio stations, instituted a case at the Electronic Communications Tribunal (ECT) against the fines. 

At some point, the NCA went to court and pleaded for an out-of court settlement of the issue with Radio Gold and the lawyers of the station obliged. 

The matter was then withdrawn from court and lodged with the ECT. 

At the ECT, Radio Gold raised the same principle of law; "we were not heard before the fines were imposed." 

When the tribunal ruled, it separated the concern of Radio Gold from the case made by GIBA on behalf of the other Radio Stations.

It agreed with Radio Gold and quashed or dismissed the fine. 

Whiles Radio Gold, like all the other stations was in court for non-renewal of authorization, its case was different. Unlike the other radio stations, Radio Gold was not arguing against the validity fine but the failure of the NCA to follow due procedure in imposing them.

All Radio Gold wanted was a chance to defend itself against the charge that led to the imposition of the fine; in other words,  justice, and the tribunal agreed. 

Instead of writing to Radio Gold to respond to the charge of failure to renew license, the NCA sent armed police men and a letter dated a date earlier to order the station to go off air. 

I have read through the ECT ruling and nowhere did the judges order for an invasion of a radio station with an order for them to go off air. 

Matters arising

Since our closure the composition of the ECT has changed. 

The Chairman, Justice Prof Date Baah (rtd.)  has been forced out after Radio XYZ filed an application seeking to reverse the decision for the stations to go off air.

The Chairman resigned after he was dragged to court by the NCA on suspicion of bias. 

His crime, complaining of inadequate funding; the NCA claimed he had developed an animosity that will result in him ruling against them. 

I also understand that the two other members have since lost their jobs. 

So, the NCA perhaps has or will have the tribunal it wants. 

Since then, the Communications Committee of Parliament has also intervened in an attempt to deal with the issue. 

The matter is still in the hands of NCA or government.

Being Unemployed and voiceless

Nowadays, no conversation ends without the other party asking about the status of Radio Gold.

While some persons close to me offer words of comfort and the assurances that the situation would be resolved, others advise that I leave the employ of the station. 

Those who feel and are convinced I need some support, offer it. 

I am always however saddened when I walk into the premises of Radio Gold because the lively atmosphere has been lost with most of my colleagues forced to sit home because they have no work to do at the station. For three months, every one at Radio Gold have had to find a way of fending for themselves.

Whiles the staff are caught between hope and unemployment, some listeners have had to turn their radio sets off because they refuse to listen to anything else. In other words, a huge blown has been dealt to their right to free expression because that right is linked to the right to access to information. Once the right to information is curtailed, your right to free expression is usurped. 

I can only hope that their prayers and continuous demand for the restoration of Radio Gols is heard by people in charge.

What happens next? 

Whiles several steps have been taken towards resolving the impasse, Radio Gold remains off air.

We wait to see whether the Nana Akufo-Addo government would relax its earlier decision and allow Radio Gold to use the 90.5FM dial.

My Bosses tell me the Communications Select Committee of Parliament has been very helpful by intervening to ensure the issues are addressed and Radio Gold comes on air as soon as possible.

New developments

 

In the interim, some media houses in other regions that were ordered off air after Radio Gold have witnessed a change in their situations, a welcome development. 

Several of these stations are known affiliates of Radio Gold hence a certain guilt knowing that they were found guilty by association.

At least the poor,  young workers of these stations who had gone over two months without employment can now return to work; after all,  where were they going to find employment.

Welcome back my friends. 

The Media

My younger brother said something to me few days after Radio Gold went off air. 

He was of the opinion that it would be stupid for any media man worth his or her sort not to see the situation of Radio Gold as a direct attack on them. 

My brother is not a media man and does not have a deep understanding of the workings of the fourth estate of the realm but he sees the obvious. 

Happenings post May 9, 2019 have justified his suspicion.

I have always said that fetching water under your beard is not the best solution to the scenario of the burning beard; the solution lies in helping your neighbour put out the fire in his. Silence does not make you any less a threat. 

To Government

 

The power you bear is not intended for the arbitrary, forceful application of laws but for safeguarding the general well-being of the populace. 

The media houses you asked to go off air had lined up at NCA offices with documents necessary to renew their authorization after you announced the 2017 fines. Which other proof of repentance did you need?

Why armed police men? Are the radio stations crime hubs? 

It is also worth remembering, President Akufo-Addo spoke articulately against any form of licensing regime on broadcast media. It is therefore mind-boggling that his minister for communications and NCA director general are so desperate to enforce a licensing regime in such pecuniary function. It seems the President's principles have been thrown to the docks with political convenience and vindictiveness taking center stage. 

Like I have always said, if a democratic government is by the people, from the people but is not for the people, it is not practicing democracy.

In the meantime, we, the young Ghanaians who work for these stations are still awaiting our government to decide whether we work or join the unemployed.