The National Democratic Congress (NDC) Members of Parliament have filed a stay of execution at the Supreme Court over the Electronic Transfer Levy Bill, 2021.
The Minority Led by Haruna Iddrisu immediately after the one-sided House approved the controversial Bill at the News Conference in Parliament gave the hint to arrest it using the law.
The suit was filed by Haruna Iddrisu, Mahama Ayariga, and Samuel Okudzeto Ablakwa against the AG a few hours ago.
They relied on Article 104(1) of the Constitution of the Republic of Ghana on the matter of quorum as determined by the Supreme Court through an interpretation a few weeks ago in the case between Justice Abdullah vs Attorney-General and the Minister of Justice.
The stay of execution prevents the President of Ghana from signing the E-Levy Bill into law.
According to the Minority, the Bill has not been passed contrary to claims by the Majority.
They argued that they staged a walkout so Parliament couldn’t form a quorum to have passed the Bill because one of the Majority MPs, in-person Sarah Adjoa Safo was absent.
According to the Minority Leader, as provided in Article 104 (1)…” except as otherwise provided in this Constitution, matters in Parliament shall be determined by the votes of the Majority of members present and voting, with at least half of all the members of Parliament present”, and he promised to challenge the matter in the Court of law.
With Adwoa Safo absent, the number of Parliamentarians in the house after the minority walked out was not up to 138 members needed to form a quorum for a decision to be made or bite to be taken for or against the bill.
Meanwhile, the Majority Leader earlier at a news conference defended their actions and stressed the point that the issue of quorum couldn’t be applied.
He never faulted the Minority for speaking against their constituents but he submitted that the time is now as “MPs to stand with the State in face of Global crises for the government to raise funds domestically to execute developmental projects and provide jobs for the youth”.
Since the introduction of the E-Levy bill, which was captured in the Government’s 2022 budget, the minority MPs have expressed their disapproval of the tax. Earlier this year, they organized the “Yen Tua Demo” publicly declaring their stand against the tax.
The Minority Leader who is also the Tamale South MP and his colleagues are by this suit, asking the Supreme Court to declare that the said approval was contrary to law.
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 29th March 2022, the constitutional quorum number for decision-making and voting within the meaning of 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 the 1992 Constitution of Ghana, there was no quorum to enable the 137 Members of Parliament of the Majority Caucus present in Parliament on 29th March, 2022 to pass the Electronic Transactions Levy (‘’E-Levy’’).
c. A declaration that on a true and proper interpretation of Article 104(1) of the 1992 Constitution of Ghana, the passing of the Electronic Transactions Levy (‘’E-Levy’’) by the 137 Members of Parliament of the Majority Caucus present in Parliament on the 29th March 2022 without the requisite quorum number of 138 Members of Parliament present in Parliament, is null and void and of no legal effect.
d. An order of the Honourable Court setting aside the passing of the Electronic Transactions Levy (‘’E-Levy’’) by the 137 Members of Parliament of the Majority Caucus present in Parliament on the 29th March, 2022 as a nullity.
e. Any other order(s) the Honourable Court may deem fit.”
