We Are Not Responsible For Daily Operations – ECG Board Fights PURC Over GH¢5.8m Fine

The Board Members of the Electricity Company of Ghana (ECG), accused by the Public Utilities Regulatory Commission (PURC) of failing to furnish a consistent load-management schedule, have rejected a substantial fine imposed on them.

On Tuesday, April 16, PURC imposed a GH¢5.8 million fine on ECG board members who served from January 1 to March 18, 2024, citing their failure to produce a load-shedding schedule following a string of power outages between January and March this year, among other infractions.

In a letter addressed to the Executive Secretary of PURC, Dr. Ishmael Ackah, the legal representatives of the implicated board members contended that their clients are not directly accountable for the daily management of ECG and therefore cannot be held responsible.

“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.”

They further asserted that PURC’s directive is illegitimate, invalid, and without legal authority, as it exceeds the commission’s jurisdiction.

“The Commission’s order imposing regulatory charges on the members of the board is unlawful, null and void as same is without jurisdiction. 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.”

“Our clients, therefore, reject the contents of the regulatory order relative to any personal liability on their part,” the lawyers further argued.