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A seven-member Supreme Court panel presided over by Justice Nene Amegatcher, has dismissed an application for interlocutory injunction that sought to stop the government and the Ghana Revenue Authority (GRA) from implementing the E-Levy.
Three National Democratic Congress (NDC) Members of Parliament applied for an interlocutory injunction at the Supreme Court to restrain the Ghana Revenue Authority (GRA) from implementing the E-Levy.
The three MPs include the Minority Leader, Haruna Iddrisu, the MP for Bawku Central, Mahama Ayariga and the MP for North Tongu, Samuel Okudzeto Ablakwa.
The NDC MPs sued the Attorney-General arguing that Parliament did not have the required number of at least half of its members present when the E-Levy was approved.
On 29 March 2022, Parliament passed the Electronic Transaction Levy (E-Levy) by a vote of MPs from the Majority Caucus of the House after the Minority staged a walkout.
The Majority in Parliament has described the Minority’s move to stop the implementation of the E-Levy as an exercise in futility.
According to the Majority side, the best option available to the Minority side is to file a motion of rescission in Parliament for consideration.
Speaking on behalf of the Majority, the leader of the government’s business in Parliament, Osei Kyei-Mensah-Bonsu, said the reliefs being sought by the Minority are factually inaccurate in stating that E-Levy is yet to be implemented when the implementation module has already commenced.
He said: “They [Minority] say they want to stop the implementation but the bill is already being implemented. So I don’t what they mean by that. Upon the accent of the president a bill, if Parliament has not postponed the operation of a bill, immediately after the ascent it comes into operation…
“So this bill is in operation, the necessary structures are being put in place now. It doesn’t mean it’s not being implemented.”
Kyei-Mensah-Bonsu also took a swipe at the minority for heading to the supreme court to challenge the approval of the electronic transfer levy bill over the lack of a proper quorum.
The Majority insists that the bill was legally passed.
“… I’ll just say that the burden of proof lies on the Minority to go to court and prove their case. I’m sure no Supreme Court anywhere indulges in processes and procedures relating to Parliament…”
“No quorum”
Three National Democratic Congress (NDC) Members of Parliament have applied for an interlocutory injunction at the Supreme Court to restrain the Ghana Revenue Authority (GRA) from implementing the E-Levy on 1 May 2022.
The three MPs include the Minority Leader, Haruna Iddrisu, the MP for Bawku Central, Mahama Ayariga and the MP for North Tongu, Samuel Okudzeto Ablakwa.
The NDC MPs have sued the Attorney-General arguing that Parliament did not have the required number of at least half of its members present when the E-Levy was approved.
On 29 March 2022, Parliament passed the Electronic Transaction Levy (E-Levy) by a vote of MPs from the Majority Caucus of the House after the Minority staged a walkout.
The Minority Leader, Haruna Iddrisu, said his side still opposes the E-Levy, hence the walkout.