By Francis Kobena Tandoh
Former Deputy Minister for Communications Hon. Frederick Opare-Ansah has said the proposed sim-registration to be carried out by the government is unnecessary.
In an article released by the former Deputy Minister, the legal framework governing SIM registration in Ghana is robust, comprehensive, and already tested in court.
According to him, the re-registration exercise, if carried out, will impose impose unnecessary burdens on law-abiding citizens, undermine confidence in regulatory systems, and avoid accountability of those directly responsible for breaches
Hon. Opare-Ansah emphasized that the challenge lies not in the absence of law, but in consistent enforcement and regulatory discipline.
He therefore urged the government and the Communications Minister to enforce existing laws rigorously, hold TELCOS accountable, and deploy targeted, intelligence-driven interventions rather than resorting to repetitive nationwide exercises.
Find the full article as released by Hon. Frederick Opare-Ansah below;
Hon Frederick Opare Ansah, former MP, former Deputy Minister for Communications writes:
PROPOSED SIM RE-REGISTRATION EXERCISE IN GHANA
The recent announcement by the Ministry of Communications, Digital Technology and Innovations proposing another nationwide SIM re-registration exercise raises important legal, policy, and operational concerns that must be addressed within the framework of existing laws.
1. Existing Legal Framework is Already Sufficient
Ghana’s SIM registration regime is governed primarily by:
– Subscriber Identity Module Registration Regulations, 2011 (L.I. 2006)
– Electronic Communications (Amendment) Act, 2016 (Act 920)
These laws clearly establish:
a. Mandatory Registration and Verification
– Every SIM card must be registered with valid subscriber identity information (L.I. 2006).
– Telecommunications operators are required to verify identity before activation.
b. Responsibility of Telecom Operators
– Telecom operators (TELCOS) are legally responsible for:
– Ensuring accurate data capture
– Preventing anonymous or improperly registered SIMs
– Failure to comply attracts sanctions, including fines and regulatory penalties under Act 920.
c. Prohibition of Pre-registered SIM Cards
– It is an offence for agents or operators to pre-register SIM cards for sale, a key source of fraud.
2. Strengthened Regime Under the 2022 SIM Registration Exercise
In 2022, the State through the NCA implemented enhanced measures, including:
– Mandatory use of the Ghana Card as the sole identification document
– Biometric verification (fingerprints and facial capture)
– Limitation of SIM ownership (maximum of 10 per individual)
– Sanctions such as blocking of unregistered SIMs
The authority of the NCA to enforce these directives was upheld by the courts, notably in a case where the regulator successfully defended its SIM registration deadline enforcement.
(Reference: NCA public communication on court victory, November 2022)
This confirms that:
– The legal regime is firm, enforceable, and judicially validated
3. The Core Problem is Enforcement, Not Absence of Law
The persistence of fraud linked to SIM cards does not arise from a lack of legislation but rather from:
a. Weak Enforcement Against TELCOS and Agents
– Instances of:
– Improper verification
– Complicity or negligence by agents
– These are already offences under L.I. 2006 and Act 920
b. Internal Breaches Within Telecom Systems
– Fraudulent SIM acquisition is often linked to:
– Insider abuse
– Failure to enforce KYC (Know Your Customer) standards
4. Re-registration Should Not Become a Default Policy Response
A fundamental policy question arises:
Should the entire population be subjected to repeated re-registration exercises each time regulatory enforcement fails?
From a legal and governance perspective:
– Re-registration is not the primary enforcement tool contemplated by law
– The law instead provides for:
– Sanctions against non-compliant operators
– Revocation or suspension of licenses
– Criminal liability for fraudulent registration practices
5. Alternative, Law-Compliant Solutions
Rather than imposing another nationwide exercise, the following measures are more consistent with the law:
a. Strict Enforcement Against TELCOS
– Apply sanctions under Act 920 for:
– Failure to properly register SIMs
– Allowing compromised databases
b. Targeted Data Rectification
– Require TELCOS to:
– Audit their databases
– Identify incomplete or suspicious records
– Engage affected subscribers directly
c. Incentivized Data Update Mechanisms
– Encourage voluntary compliance through:
– Service incentives
– Seamless digital update platforms
d. Criminal Investigations and Prosecution
– Focus on:
– Fraud syndicates
– Complicit telecom employees and agents
6. Conclusion
The legal framework governing SIM registration in Ghana is robust, comprehensive, and already tested in court. The challenge lies not in the absence of law, but in consistent enforcement and regulatory discipline.
A blanket re-registration exercise risks:
(a) Imposing unnecessary burdens on law-abiding citizens
(b) Undermining confidence in regulatory systems
(c) Avoiding accountability of those directly responsible for breaches
The priority must therefore be to enforce existing laws rigorously, hold TELCOS accountable, and deploy targeted, intelligence-driven interventions rather than resorting to repetitive nationwide exercises.
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