PURC lacks authority to impose GHC5.8m fine on ECG Board Members – Lawyers

Lawyers representing the board members of the Electricity Company of Ghana (ECG) are contesting the hefty GHC 5.8 million fine imposed by the Public Utilities Regulatory Commission (PURC) for failing to provide a consistent load-shedding schedule.

They argue that the Commission’s legal mandate allows it to impose fines on the company itself (ECG) as a public utility, not on its board members.

“It is patently clear that under the said provision, the Commission can only impose a regulatory charge on a public utility.

The Commission does not have the power/authority to purport to impose any regulatory charge on officers of the public utility!

The Commission in purporting to impose the said regulatory charges on the Board Members of ECG clearly exceeded their jurisdiction as it is not within their powers/authority to do so.

“The Commission’s lack of jurisdiction, power and/or authority to lift the veil of incorporation in the instant matter to purport to impose regulatory charges personally on the Board Members of ECG is strengthened by the provisions of Sections 38 & 42 of The Public Utilities Regulatory Commission Act, Act 538,1997.

“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.