Accusations of unlawfully implementing provisions from a proposed law before parliamentary approval have been strongly refuted by the National Information Technology Agency (NITA) of Ghana. In a statement released on May 22, 2026, NITA defended its regulatory mandate and the legality of existing fees and accreditation structures for ICT companies and professionals, addressing what it termed “serious misconceptions” circulating on social media.
Existing Legal Framework Defended
NITA clarified that its current regulatory framework, which governs ICT companies, fintech entities, e-commerce service providers, and ICT professionals, is based on existing laws and Legislative Instruments (L.I.) already passed by Parliament. The agency emphasized that these measures are not derived from the proposed NITA Bill, which is currently undergoing stakeholder consultations.
The fees and certification categories are specifically supported by the Fees and Charges (Miscellaneous Provisions) Regulations, 2023 (L.I. 2481) and its amendment, the Fees and Charges (Miscellaneous Provisions) (Amendment) Regulations, 2025 (L.I. 2512). These amendments were enacted under the authority of the Fees and Charges (Miscellaneous Provisions) Act, 2022 (Act 1080).
“It is important to understand that the existing fees, registration structures and certification categories operated by NITA are not being implemented under the proposed NITA Bill currently undergoing stakeholder consultation,” the statement read. This directly counters claims that Parliament had “not spoken” on the matter.
Regulatory Authority Rooted in Law
NITA reiterated that its regulatory authority predates the proposed bill and is firmly established in existing legislation. This includes the National Information Technology Agency Act, 2008 (Act 771), the Electronic Transactions Act, 2008 (Act 772), and the Fees and Charges (Miscellaneous Provisions) Act, 2022 (Act 1080), along with their subsidiary legislation.
The agency pointed out that L.I. 2481 already includes provisions for the registration of various ICT-related entities and professionals, as well as for annual renewals. “The suggestion that NITA ‘manufactured tomorrow’s powers today’ ignores the existence of these already operative legal instruments,” NITA stated.
The statement further explained that the accusations stem from a confusion between two distinct legal processes. While the proposed NITA Bill is still in consultation and legislative review, the current fees are based on subsidiary legislation already enacted into law.
Addressing Fee Critiques
NITA directly addressed criticisms regarding specific accreditation fees, such as GH¢20,000 for fintech entities and GH¢10,000 for e-commerce service providers. The agency asserted that these charges are not arbitrary but are explicitly detailed in L.I. 2512.
These fees, NITA explained, are necessary to ensure the “safe, secure and resilient platforms” required in the digital ecosystem and to protect consumers. “These are not unofficial portal inventions. They are explicitly stated in a Legislative Instrument passed under lawful authority,” the agency stressed.
Rejecting claims of acting ultra vires, NITA cited Sections 2 and 3 of Act 771, which empower the agency to regulate ICT services and maintain registers of licensed providers. This demonstrates its clear mandate under existing laws.
The Proposed NITA Bill’s Objectives
The proposed NITA Bill aims to modernize Ghana’s digital governance framework to address advancements in technology and evolving cybersecurity challenges. Key areas the bill seeks to cover include artificial intelligence, cloud infrastructure, digital identity, cross-border digital transactions, and digital trust services.
NITA maintained that the legislative process for the bill is transparent and constitutionally compliant. The bill must still undergo Cabinet consideration, review by the Attorney-General, parliamentary scrutiny, and presidential assent before it becomes law.
Concerns of Startups and Future Outlook
Acknowledging legitimate concerns raised by technology startups and small businesses regarding the affordability and potential impact of these fees on innovation, NITA expressed openness to constructive dialogue. The agency indicated a willingness to discuss fee calibration, phased implementation, startup exemptions, and SME protections.
However, NITA cautioned against inaccurate portrayals of existing regulatory instruments as unconstitutional. The agency concluded by welcoming public discourse on digital governance but urged that it be “grounded in legal accuracy, constitutional facts and responsible civic engagement.”
The ongoing dialogue highlights the tension between establishing robust digital infrastructure and fostering innovation. As the proposed NITA Bill progresses, stakeholders will be watching closely for potential adjustments to fee structures and the specific measures introduced to support the growth of the digital economy while ensuring security and compliance.
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