Dafeamekpor to challenge validity of 5G service contract to NextGen InfraCo at the Supreme Court

Rockson-Nelson Dafeamekpor

South Dayi Lawmaker Rockson Nelson Dafeamekpor has announced his intention to challenge the validity of the contract to a company that had registered less than a week prior to the deal to operate wholesale 5G services in Ghana.

In his view, this deal violates the constitution, hence his decision to go to court to injunct it.

“It is a deliberate creation to break MTN monopoly, the government cannot do this, let the private entities compete among themselves.

“I am going to challenge the validity of the deal at the Supreme Court. You can’t break a monopoly by creating a monopoly, you are depriving other companies from participating in the economic environment.

“This is a company that is merely on paper, this is an empty company, it is incapable of delivering on this mandate. It must be subjected to our procurement laws,” he said on the Key Points on TV3 Saturday, June 1.

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A 5G service contract was awarded to NextGen InfraCo on August 22, 2023, less than a week after the company registered within Ghana. NextGen InfraCo, per the documents available, registered on the 16th of August 2023.

The information released on the social media pages of investigative journalist, Manasseh Azure Awuni also showed that the company has been given ten years exclusivity.

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Here are some of the details:
Letter from Communications Ministry to National Communications Authority dated March 11, 2024 states;
== “His Excellency the President granted Executive Approval on 22nd August 2023 for the introduction through the establishment of a neutral, wireless open access network to promote a vibrant telecom market in Ghana”

== “I (Ursula Owosu-Ekuful, MP, Minister) reiterate that there will be no auction for 5G  Spectrum for the successful implantation of this project to rebalance the industry for the benefit of all consumers. Please proceed to conclude on licensing of the frequencies to Next Gen Infraco.”

Then letter from National Communications Authority to the CEO of Gen Infraco Limited dated the 13th of May, 2024 also gave the following details;

==”We refer to your provisional Authorisation letter numbered NCA/ NGICL/WTL/10 and dated 3rd May, 2024 as well as your letter dated 10th May, 2024, respectively on the above subject.”


== “The NCA also confirms that NGICL, shall be given an exclusivity period of ten (10) years as a Provider of the Wholesale 5G Network from the date of execution of the license. NGICL will also have the right to spectrum neutrality for both 4G AND 5G.