Management of Onua TV/Onua FM has taken legal action against the National Media Commission (NMC), filing a perpetual injunction at the High Court in Accra.
The injunction aims to restrain the NMC from taking any steps that could adversely impact the media operations of the company and its associates.
Onua TV/Onua FM, in its court filing, seeks a declaration that certain orders issued by the NMC to Media General subsidiaries are unlawful. The media organization also contends that the NMC's conduct in refusing to provide the stations with an opportunity to be heard before imposing sanctions is a breach of the law and natural justice.
"The suit is asking the court to among other things declare that some orders issued by the Commission to Onua TV and Onua FM are unlawful and that the conduct of the NMC in refusing to give the stations an opportunity to be heard before imposing sanctions on them is a breach of the law and of natural justice," the management of the media outfit stated in a press release.
The legal action follows a letter sent by the NMC to Media General on Tuesday, November 14, 2023, extending a deadline to Onua FM/TV and Captain Smart to apologize over comments deemed "inciteful."
In a statement dated November 29, the company argued that the NMC, through its actions, has positioned itself as a "complainant, a prosecutor, and a judge." It asserted that the NMC cannot be trusted to be a fair and impartial arbiter in any case against Onua TV/Onua FM.
The NMC accused Captain Smart of directly insulting the Chief of the Defence Staff (CDS) and other Commanders of the Ghana Armed Forces (GAF) as "beasts" during a recent broadcast. Additionally, Captain Smart claimed that these officers embezzled monies meant for soldiers on peacekeeping operations but provided no evidence to support his claims.
The NMC, in response, set a deadline of November 19, 2023, for Onua TV/FM and Captain Smart to withdraw the insults, apologize to the CDS and his commanders, apologize to the Ghanaian public for the use of vulgar language, and implement measures to stop the station's alleged dangerous behavior and enhance regulatory compliance.
However, in a letter dated November 21, 2023, Onua TV/FM reportedly failed to address the directives of the NMC, leading to the legal action taken by the media company.
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The management of Onua TV/Onua FM describe the actions of the NMC as harassment