Haruna Iddrisu, the Minority Leader of Parliament, and colleagues Mahama Ayariga and Samuel Okudzeto Ablakwa have taken the Attorney-General to the Supreme Court over the approval of the Electronic Transactions Levy (E-Levy).
They claim that when the contentious tax policy was approved, Parliament did not have at least half of its members present.
The policy was approved by the House on Tuesday without the participation of National Democratic Congress (NDC) members.
The Tamale South MP and his colleagues want the Supreme Court to rule that the aforementioned approval was illegal.
They are seeking the following reliefs: a. A declaration that, on the authority of the Supreme Court case of Justice Abdulai v. Attorney-General, Writ No. J1/07/2022 dated 9th March, 2022, the constitutional quorum number for decision-making and voting under Article 104(1) of the 1992 Constitution is 138 Members of Parliament out of the 275 Members of Parliament and not 137 Members of Parliament.
b. A declaration that, on a true and proper interpretation of articles 2(1)(b) and 104(1) of Ghana’s 1992 Constitution, there was insufficient quorum for the 137 Members of Parliament of the Majority Caucus to pass the Electronic Transactions Levy (“E-Levy” on March 29, 2022.
c. A declaration that, on a true and proper interpretation of Article 104(1) of Ghana’s 1992 Constitution, the passage of the Electronic Transactions Levy (“E-Levy”) by the 137 Members of Parliament of the Majority Caucus present in Parliament on March 29, 2022, without the required quorum of 138 Members of Parliament present in Parliament, is null and void and of no legal effect.
d. An order of the Honourable Court declaring the passage of the Electronic Transactions Levy (“E-Levy”) by the 137 Members of Parliament of the Majority Caucus present in Parliament on March 29, 2022 as null and void.
e. Any other order(s) that the Honourable Court deems appropriate.”
Source: Joynews
