Appeal allowed 4-1; declaration that Vodafone Ghana and the NCA breached the appellant's privacy under article 18; GHS 10,000 general damages and GHS 10,000 costs against Vodafone Ghana only; request for the number's records refused. Supreme Court, 25 February 2026.
identity card linked to an unknown SIM number and mobile money account without consent, failure to secure subscriber personal data during SIM re-registration
Provisions cited
Constitution of Ghana 1992 art.18(2), Constitution of Ghana 1992 art.33, ss.17, 28, 29 Data Protection Act, 2012 (Act 843)
Outcome
appeal allowed 4-1; declaration that Vodafone Ghana and the NCA breached the appellant's privacy under article 18; GHS 10,000 general damages and GHS 10,000 costs against Vodafone Ghana only; request for the number's records refused
During the national SIM re-registration exercise, a Vodafone number and a Vodafone Cash account were linked to the appellant's Ghana Card without his knowledge, and the number was later removed from his records, again without his knowledge. The High Court dismissed his article 33 application as premature (16 November 2023). The Court of Appeal held that he could come to court but dismissed the appeal for want of proof (6 February 2025).
Orders and outcome
Appeal allowed by four to one (Mensa-Bonsu JSC for the majority; Kulendi JSC concurring; Dzamefe JSC dissenting). Declaration that the first respondent (Vodafone Ghana) and the third respondent (the National Communications Authority) breached the appellant's privacy under article 18 of the 1992 Constitution. General damages of GHS 10,000 and costs of GHS 10,000 against Vodafone Ghana only; the relief seeking the number's records refused. Judgment of 25 February 2026.
Supreme Court (Ghana), Elorm Kwami Gorni v Vodafone Ghana Limited, Civil Appeal No. J4/40/2025; [2026] GHASC 34, court ruling of 25 February 2026. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/ghana/supreme-court/2026/vodafone-ghana-limited-appeal-upheld-4-1-nominal-damages-awa/ (accessed 23 October 2026).
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