You have no power to fine us - ECG Board’s lawyers hit hard at PURC

The Board of the Electricity Company of Ghana (ECG) have responded to the GH¢5,868,000 fine Public Utilities Regulatory Commission (PURC) for the company’s failure to provide a load-shedding timetable.

The Public Utilities Regulatory Commission (PURC) on April, 16, imposed a GH¢5,868,000 fine on ECG for its failure to comply with the statutory notice on notification and publication of planned outages, as required by Regulation 39 of LI 2413.

The Board members of ECG who were in office from January 1 to March 18, 2024 are required to pay the fine into a dedicated fuel account jointly controlled by the Ministry of Energy and the Ministry of Finance by May 30, 2024.

However, the lawyers in a rejoinder on April, 19, stated that the fine is “unlawful, null, and void as same is without jurisdiction.”

It added that, Board members of ECG are not responsible for the day-to-day administration of ECG 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.

“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.”

PURC slaps ECG with GHS36K fine, board members to pay over GHS5.8million