The governing board of the Electricity Company of Ghana (ECG) has responded to fines imposed on them by the Public Utilities Regulatory Commission (PURC) for the company’s failure to provide a load-shedding timetable.
In a letter addressed to the PURC, lawyers representing the board members challenged the authority of the Commission to levy fines, arguing that it does not have the same powers as the High Court. The legal representatives emphasized that the board members, who are not directly involved in the company’s day-to-day operations, should not be held personally responsible for management’s actions.
Furthermore, the lawyers stated that the fines were imposed without giving the board members an opportunity to present their case, violating the principles of natural justice. The letter strongly objected to the actions taken by the PURC, labeling them as unjust and unacceptable.
The PURC imposed a hefty fine of GHS5,868,000 on the board members who served from the beginning of the year until March 18, 2024, for violating Regulation 39 of L.I. 2413, which requires advance notification to consumers before any power supply interruptions occur.
The repercussions of this penalty have affected several individuals, including Keli Gadzekpo, who resigned as Board Chair on March 26, and the current ECG Managing Director, Samuel Dubik Mahama.
The lawyers representing the board members rejected the contents of the regulatory order that imposed personal liability on them and stated that they do not accept any responsibility for the operational decisions made by management.
Overall, the board members are challenging the fines imposed by the PURC and are asserting their position that they should not be held personally liable for the company’s actions. It remains to be seen how this legal battle between the ECG board members and the PURC will unfold.
