Minority to challenge passage of E-Levy at Supreme Court
Minority participated in E-Levy approval
Attorney-General, Godfred Dame, has disagreed with the minority over claims that the house did not form a quorum for decision making when the E-Levy bill was passed in March, 2022.
According to him, a total number of 266 Members of Parliament were present during the second reading of the policy.
A Myjoyonline report added that Godred Dame argued: “voting was by a voice vote and therefore allegations about the number present are immaterial.”
In a document filed on his behalf in court, he stated that the Apex court should not stop the implementation of the E-Levy policy which commences on May 1, 2022.
His argument was on the back of an injunction application by three members of the NDC; Minority Leader, Haruna Iddrisu, Mahama Ayariga, and Samuel Okudzeto Ablakwa who are demanding that the Supreme Court retrains the Ghana Revenue Authority (GRA) from implementing the e-levy until the final determination of their suit challenging the constitutionality of its passage by Parliament.
The injunction application filed by their lawyer, Godwin Kudzo Tameklo, on April 19, 2022, “avers that millions of people will suffer irreparable harm if the E-Levy Act is not put on hold and the court determines that its passage was unconstitutional."
The application further indicated that GRA would be unable to reimburse the millions who would have paid the E-Levy while the 1992 Constitution, which is the supreme law of the land, would have been undermined.
“That the Plaintiffs having raised an allegation of a breach of the Constitution in the passage of the Electronic Transfer Levy Act, 2022(Act 1075), in order to avoid an incalculable damage, injury and inconvenience not only to the people of Ghana but as well as undermining the Constitution which is the supreme law of the land, the justice of the case demands that the implementation of the Electronic Transfer Levy Act, 2022(Act 1075) is put on hold until the final determination of the instant suit,” the injunction application stated.
Substantive case
In March 2022, the Minority Caucus in Parliament filed a suit to challenge the passage of the controversial Electronic Transfer Levy (E-levy) at the Supreme Court.
Haruna Iddrisu indicated that the passage was unconstitutional, as Parliament did not have the required numbers to make a decision on the E-Levy.
“The Majority of less than 137 conducting business only proceeded on illegal and unconstitutional business. Parliament did not have the numbers to take any decision that should be binding on Parliament and Ghanaians.”
“I think they have to come again on E-levy because as of today, I don’t think they had the numbers to say that the E-levy has been passed. We will question this decision in [the Supreme] court on the basis of the earlier ruling and on the basis of the fact that they said we can’t make a decision with 137 [members], but they can take with 137,” he told the media at a press conference.
This was after the Minority boycotted the consideration of the E-Levy at the second and third reading stages.
The bill was however passed by the Majority caucus in Parliament.
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