ELORM KWAMI GORNI v. VODAFONE GH LTD &ORS

MAJORITY OPINION

PROF. MENSA-BONSU (MRS) JSC:

“Good name in man and woman, …Is the immediate jewel of their souls. But he that filches from me my good name Robs me of that which not enriches him And makes me poor indeed.”

William Shakespeare.

This is an appeal from the judgment of the Court of Appeal dated 6th February 2025.

Facts and Background

The 1st respondent is a telecommunications company (Telco) in Ghana. The 3rd respondent is a statutory body established under the National Communications Act, 2008 (Act 769). Sometime in September 2021, the Ministry of Communications and Digitalisation launched a national exercise, the National Sim Card Registration Exercise (NSCRE) aimed at registering about 40 million subscribers of its services.

In compliance with this directive, the 1st respondent put modalities in place to register Subscriber Identity Module (SIM). The process which commenced on 1st October 2021….. involved submitting one’s Ghana Identity Card (Ghana Card) to the Telco for personal details to be recorded and the card linked to the SIM accordingly.

The appellant in the affidavit in support of his application says that he is a customer of the 1st respondent. On 2nd May 2023, the plaintiff/appellant (hereinafter referred to as ‘appellant’ discovered that his Ghana Card) had been linked to a Vodafone Number 0203618193 that he did not know and without his consent or authorization. On 22nd May 2023, he discovered that his Identity card had been de-linked from the telephone number 0209103682., again without his consent or authorisation.

The appellant filed an application at the High Court on 12th June 2023, seeking redress at the Human Rights court under article 33 of the Constitution, 1992. By an amended originating motion on notice for redress under Article 33 of the 1992 Constitution and Order 67 of the High Court (Civil Procedure) Rules 2004 (C.I 47), the appellant prayed the High Court for the enforcement of his fundamental human rights under Article 18 of the Constitution of Ghana,1992. On 31st July, 2023, at the instance of the 2nd respondent, the High Court ordered that the application be amended to include the

3rd respondent in the suit as a party. Subsequently, the appellant brought the amended application for the inclusion of those parties as ordered by the court, and sought the following reliefs:

1. A declaration that the 1st and 3rd Respondents breached the Appellant’s privacy under Article 18 of the 199