The emergency legislation signed by President Nana Akufo-Addo on March 24, 2020, sought to provide legal backing to a series of steps undertaken by the government to deal with the COVID-19 pandemic.
In line with the Electronic Communications Act, 2008 (Act 775), the law specifically directed network operators to make available data including all called numbers, mobile money merchant codes and uncashed subscriber mobile money transfer data.
According to the Executive Instrument, the network operators were to cooperate with the National Communications Authority Common Platform to provide information to state agencies in the case of an emergency.
Unhappy with the law, Mr. Arthur went to court to seek an order to quash the President’s directive because to him, the order “violated, are violating or are likely to violate” his “fundamental rights and freedoms”.
He was also sought a perpetual injunction to restrain the government, Kelni GVG and the NCA “from using the Executive Instrument to procure the applicants’ personal information from” Vodafone Ghana, his network provider.