The Minority Leader in Parliament, Alexander Afenyo-Markin, has fiercely criticized what he describes as unconstitutional interference by the President in the work of the National Communications Authority (NCA). In a statement posted on his Facebook page, Afenyo Markin warned that the President’s directive to halt the NCA’s enforcement actions against certain radio stations not only undermines the authority of the regulator but also threatens the foundation of Ghana’s constitutional democracy.
According to Afenyo Markin, this issue goes far beyond a simple dispute over media policy. He described the President’s action as “a fundamental breach of the separation of powers that the 1992 Constitution carefully establishes to prevent executive overreach and safeguard institutional autonomy.”
The controversy stems from recent enforcement actions taken by the NCA against 64 radio stations operating without valid authorisations. These actions, according to Afenyo Markin, were lawful and mandated by the Electronic Communications Act. He explained that the law is clear on this matter, quoting, “A person shall not operate an electronic communications network or provide an electronic communications service without an authorisation from the Authority.” The affected stations had violated these provisions, with some operating without proper authorisation for extended periods.
However, within hours of the NCA’s enforcement, the President intervened, issuing a directive that suspended the regulator’s decision. Afenyo Markin views this as a troubling abuse of executive power. “In effect, the President has declared that regulatory law is optional when it conflicts with his political preferences,” he stated.
He further warned that this level of interference could easily spread to other independent institutions, raising questions about the security of their autonomy. “If such overreach is allowed to stand, what prevents future interference with the Bank of Ghana’s monetary policy decisions, the Electoral Commission’s enforcement actions, the Environmental Protection Agency’s regulatory orders, or sanctions issued by the Securities and Exchange Commission?” he asked.
While the President has defended his action as a move to protect media freedom, Afenyo Markin argued that the opposite is true. In his words, “True media freedom requires predictable regulatory processes, equal treatment under the law, insulation from political interference, and fidelity to statutory procedure. The President’s actions have undermined all four pillars.”
The Minority Leader concluded by stressing that defending the independence of regulatory bodies is essential for the survival of Ghana’s democracy. “Allowing any President to override the legal mandate of a statutory body based on political preference substitutes the rule of law with the rule of men,” he said, adding that the real question now is whether Ghana will defend its Constitution or stand by while its institutions are weakened.
