Your fines to us unlawful, a breach of natural justice – ECG board replies PURC

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Board members of the Electricity Company of Ghana (ECG) have declared the Public Utility Regulatory Commission’s (PURC) decision to fine them GHC5.8 million for purported regulatory non-compliance to be illegal and a violation of natural justice.

The board members contend that PURC went beyond the scope of their regulatory jurisdiction in compliance with regulation 45 of PURC Regulation 2020, in a letter submitted by their attorney, Yaw Acheampong Boafo.

The board members further maintain that as they are not in charge of running the activities of ECG on a daily basis, any directive holding them accountable is null and void.

“The commission is purporting to impose the said regulatory charges on the board members of ECG clearly exceeding their jurisdiction as it is not within their powers/Authority to do so,” their lawyers argued.

“Board members of ECG are not responsible for the day-to-day administration of ECG and, therefore, are not principal officers within the intendment of Act 538 to be able to be held liable for a default on the part of the public utility ECG.”

They further accuse the PURC of practicing unnatural justice and donning authority not intended for the court.

“The Commission’s Order imposing regulatory charges on the members of the Boards is unlawful, null and void as same is without Jurisdiction. By this Order, the Commission has unlawfully clothed itself with the powers of the High Court, and imposed a sentence on the Board Members, without having been given the opportunity to be heard which amounts to a breach of the rules of natural justice,”, he stated.

According to the board members, they will not sign any portion of the order that attempts to impose personal liability on them.


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