MTN Don't Have Any Audio to Provide Martin Amidu

24.01.2019 LISTEN

An Accra Circuit Court has ordered Mobile Telecommunications Network (MTN) to produce the call records of a conversation between Mahama Ayariga, the Member of Parliament for Bawku Central and an officer of the Ghana Revenue Authority (GRA).

According to the Ghanaian Times, the court gave the order on January 22 at the request of Special Prosecutor (SP) Mr Martin Alamisi Burns Kaiser Amidu.

Mr Amidu told the Accra Circuit Court “2” presided over by Mrs Ruby Naa Adjeley-Quayson that the Office of Special Prosecutor (OSP) had already obtained an order to conduct a forensic examination on three mobile phone numbers from the Director General of Criminal Investigations Department (CID) of the Ghana Police Service.

He urged the court to exercise its powers under the Electronic Transaction Act, Act 2008(Act 772) of Section 100, 101 and 103

Above quote is a piece I read on Ghana Web. I'v read same article on different other media.

One thing is not clear to me. Thus, what does Mr Martin Amidu or the Accra Circuit Court mean by saying "call records of a conversation?"

There are 3 possible meaning I can deduce;

1) Martin Amidu, in his forensic audit, wants to know if Ayariga called the said GRA Officer. If he did, WHEN and how LONG did they speak. How many times did they call each other. How long did each conversation last.

2) Martin Amidu, in his forensic audit, wants to get the AUDIO of their conversation. Thus, the actual recording of what they said. The actual "Hello Hello, ayur me, ayur me".

3) Martin Amidu, in his forensic audit needs both points above. Thus, (1) and (2).

Point (1) and (2) are two different things. Totally different.

MTN can only produce Point 1. Not point 2.

I'v already talked about it on Facebook yesterday, I will reproduce it here so that I won't have to type any more.

We can't be sleeping whiles our legs are outside!

The post on Facebook is long, but I think just the section above is enough to make my point.

In short, unless MTN was pre-told to record but th fact is, THEY DO NOT HAVE IT.

Take note: It's different from "THEY WILL NOT PRODUCE IT".

They just DON'T HAVE IT, no matter how you force them.

If its not there, you can't force there to be there

To be sure of myself, I pulled out my browser and search for the said "Electronic Transaction Act, Act 2008(Act 772)" that Martin Amidu made reference to.

I found it here . It can also be found on Ministry of Communication website

It's 74 page document. The interesting part of it is the sections Martin Amidu made reference to. Below is a screen shot

In my limited understanding 101 and 102 are the sections that gives him the legal right to request for the records.

The interesting part is the Section 103, that is the part that states what providers should keep.

That is what I called "Meta data".

I thought I was the only one worried that my conversion with my ex-girlfriend is being recorded.

No! "Kaunda, your are not alone".

This morning I saw a an article on Citi News

Mahama Ayariga himself is ready to challenge the request. Below is what he said.

Another side of the whole show is that, it does not make economic sense for MTN or any teleco to record everyone's conversation. That will be silly, business wise.

In my Facebook post, this is how I argued it.