NextGen Infraco, the only licensed 5G network wholesale operator in Ghana, has petitioned the Electronic Communications Tribunal (ECT) seeking to quash the July 15, 2026 decision by National Communications Authority (NCA) to revoke its exclusivity rights and open applications for 5G spectrum to other interested players.
Subsequent to a July 15 announcement, that it had completely removed NGIC’s exclusivity rights to 5G in Ghana, NCA published a Request for Application (RFA) document on its website on July 16, 2026, calling on interested entities in Ghana, who wish to establish, maintain and run 5G networks to apply for 11 spectrum lots in three bands – 700 MHz, 2.3 MHz  and 3 GHz.
The deadline for applications is August 6, 2026. But it seems that process may take longer than expected following the petition by NGIC to the ECT, filed on behalf of NGIC’s by its lawyers – Sory & Partner @Law.
The petition identifies a total of six errors NCA committed in its July 15, 2026 decision, and also details out the particulars of error for each of the six.
NCA accused of errors
The errors identified include the following:
The NCA erred in law and in fact, when it completely revoked NGIC’s exclusivity rights, explaining that NCA did not provide any evidence to support its claim that the decision was in the public interest and was intended for the NCA to achieve its objectives.
They also claimed that NCA’s decision to revoke the NGIC’s exclusivity on ground of slow pace of rollout of 5G network was an error in law and in fact because, per their own findings in NCA’s own documents, the slow pace of work was due to external factors and not due to a breach, failure or omission by NGIC.
On the basis of those errors, NGIC is therefore appealing to the Electronic Communications Tribunal to grant it the following reliefs:
i. An order quashing the Respondent’s (NCA) Decision of 15 July 2026 (revocation of NGIC’s exclusive rights to be the only 5G network wholesaler in Ghana)
ii. In the alternative to relief (i), an order allowing the appeal in part and remitting the matter to the Respondent for reconsideration in accordance with law and in accordance with the guidance of this Honorable Tribunal.
iii. An order allowing the instant appeal and making any consequential orders as to the Tribunal may deem fit.
iv. An order suspending the implementation of the Respondent’s Decision pending the final determination of this appeal.
v. An order restraining the Respondent, its officers, servants, agents, and any person acting under its direction, from taking any further action to give effect to the Decision pending the final determination of this appeal, including without limitation the continuation of the Request for Applications issued on 16 July 2026 in the 700 MHz, 2.3 GHz and 3 GHz mid bands, and the award of any spectrum licence pursuant thereto.
vi. Costs.
Questions Arising
With this pending petition against the NCA’s July 15, 2026 decision and subsequent steps towards 5G spectrum auction, the question arises as to what happens to the RFA and the August 6 deadline for applications to be submitted.
The question also arises as to the implications of this petition for the March 6, 2027 deadline set for the 70% nationwide 5G coverage, as announced by the sector minister, Sam George, and also contained in the RFA.
It also signals a potential judgment debt lawsuit on the horizon, something that the sector minister, commented on when he was freshly appointed in 2025. He did state that, even though the regulator had the mandate to review the terms of any license, if not done properly, it could have financial implications for the state.
Now industry watchers are asking whether the manner in which the removal of NGIC’s exclusivity rights, no matter how noble the intent may be, is not enough to place a financial burden on the state in the form of a judgment debt.
Techfocus24’s checks at the NCA indicates its legal team is studying the petition to determine the way forward.
