Minority Leader reacts to ruling of Supreme Court on injunction case against E-Levy
We remain determined, Haruna Iddrisu
The Minority Leader in Parliament, Haruna Iddrisu, has questioned the argument made by the Attorney General and Minister of Justice, Godfred Dame, in court that the vote that saw the Electronic Transfer Levy (E-Levy) passed in parliament was by a voice vote.
He sought to question if by that suggestion, the AG is saying that such absent Members of Parliament as the one for Ahanta West, Ebenezer Kojo Kum, cast his vote while on his sickbed?
“Can you imagine, I heard the Attorney General (sic) arguing that it was a voice vote. So, Ebenezer Kum voted with his voice from an ambulance, or he voted with his voice from a clinic, to add to the voice vote? And he’s insisting that 266 Members of Parliament participated in the decision and participated in the motion. 266 Members of Parliament after the Minority of 136 members walked out? Certainly, these are matters that the Ghanaian public can judge better,” he said.
Speaking to the media right after the Supreme Court dismissed an application for an injunction of the implementation of the E-Levy brought before it by three National Democratic Congress (NDC) MPs, Haruna Iddrisu insisted that until the substantive case is determined, they remain resolute to challenge the approval of the E-Levy.
“For us in the Minority, until the substantive matter is determined conclusively, we remain determined that even on matter of weighing monetary considerations against the weight of a constitutional breach, the emphasis should be on what harm we’re doing to the 1992 constitution and the three co-equal organs of state.
“So, in the determination of whether some irreparable damage or hardship will be caused, our hardship as we understand is the disrespect to the constitution by the action of the passage into law of an act – Act 1075 with numbers below the minimum constitutional threshold of 138 Members of Parliament,” he added.
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.
