The National Information Technology Agency (NITA) has strongly defended its regulatory mandate and the legality of fees and accreditation structures imposed on Information and Communication Technology (ICT) companies and professionals, dismissing allegations circulating on social media that it is unlawfully implementing provisions of a proposed law yet to be passed by Parliament.In a detailed press statement issued on May 22, 2026, NITA said recent publications on social media platform X and other online forums contained “serious misconceptions” regarding its legal authority, the proposed NITA Bill and the basis for existing fees and charges within Ghana’s digital ecosystem.The agency explained that the current regulatory framework governing ICT companies, fintech entities, e-commerce service providers and ICT professionals was derived from existing laws and Legislative Instruments already passed and matured through Parliament and not from the proposed NITA Bill currently under consultation.Existing lawsAccording to NITA, the fees and certification categories currently being implemented are backed by the Fees and Charges (Miscellaneous Provisions) Regulations, 2023 (L.I. 2481) and the Fees and Charges (Miscellaneous Provisions) (Amendment) Regulations, 2025 (L.I. 2512).It said the 2025 amendment regulations were made pursuant to powers granted under 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 said.“Therefore, the claim that Parliament has ‘not spoken’ is incorrect,” it added.The clarification follows growing public debate over new ICT-related accreditation and registration fees appearing on NITA platforms, with critics accusing the agency and the Ministry of Communication, Digital Technology and Innovations of attempting to operationalise provisions of a future law before parliamentary approval.Regulatory authorityNITA maintained that its authority predates the proposed bill and is firmly grounded in existing legislation, including the National Information Technology Agency Act, 2008 (Act 771), the Electronic Transactions Act, 2008 (Act 772), the Fees and Charges (Miscellaneous Provisions) Act, 2022 (Act 1080), and subsidiary legislation passed under those laws.The agency stated that L.I. 2481 already contains provisions relating to the registration of ICT companies, ICT professionals, fintech operators, e-commerce providers and annual renewals.“The suggestion that NITA ‘manufactured tomorrow’s powers today’ ignores the existence of these already operative legal instruments,” the statement stressed.NITA further argued that accusations that it was secretly implementing the proposed NITA Bill confused two separate legal processes.It explained that while the proposed bill remained under stakeholder consultations and legislative review, the fees currently being referenced stemmed from subsidiary legislation already passed into law.“A Legislative Instrument laid before Parliament and allowed to mature acquires the force of law under Ghana’s constitutional framework,” the statement noted.Fees under scrutinyThe agency also responded directly to criticism over certain accreditation fees appearing on its digital platforms, insisting that the charges were not arbitrary or unconstitutional.Among the fees cited were GH¢20,000 for fintech entities accreditation and GH¢10,000 for e-commerce service provider accreditation.NITA said those fees were explicitly contained in L.I. 2512 and reflected the cost of ensuring “safe, secure and resilient platforms” while protecting digital consumers.“These are not unofficial portal inventions. They are explicitly stated in a Legislative Instrument passed under lawful authority,” it stated.The agency rejected suggestions that it was acting ultra vires, arguing that its licensing and regulatory functions were clearly established under existing laws.It pointed specifically to Sections 2 and 3 of Act 771, which mandate NITA to regulate the provision of ICT services and maintain registers of licensed ICT service providers.Proposed billThe statement explained that the proposed NITA Bill seeks to modernise Ghana’s digital governance architecture in response to emerging technologies and evolving cybersecurity concerns.According to NITA, the bill aims to address issues including artificial intelligence, cloud infrastructure, digital identity ecosystems, cross-border digital transactions and digital trust services.The agency insisted that the legislative process remained transparent and constitutionally compliant.It noted that the bill was still undergoing stakeholder consultations, would require Cabinet consideration, Attorney-General review, parliamentary scrutiny under Article 106 of the Constitution and eventual presidential assent before becoming enforceable law.“This process itself demonstrates constitutional compliance and democratic accountability,” the statement said.Startup concernsNITA acknowledged concerns raised by technology startups, young entrepreneurs and innovation-focused businesses regarding affordability and the possible impact of the fees on digital innovation.The agency described those concerns as legitimate and said government remained open to constructive stakeholder engagement on fee calibration, phased implementation, startup exemptions, SME protections and innovation incentives.However, it cautioned against what it described as inaccurate claims portraying existing regulatory instruments as unconstitutional.“Public discourse on digital governance is welcome and necessary,” the statement concluded.“However, such discourse must remain grounded in legal accuracy, constitutional facts and responsible civic engagement.”