E-Levy: Nine Reliefs Minority Is Seeking From Supreme Court Over ‘Illegal’ Passage Of Bill

• Three Minority MPs are fighting the passage of the E-Levy bill at the Supreme Court
• Haruna Iddrisu, Mahama Ayariga, and Samuel Okudzeto Ablakwa want the apex court to declare that the passage of the bill is null and void
• The Plaintiffs hold that the bill was passed by 136 majority MPs instead of the 138 MPs as stated in the Constitution of Ghana

The Minority in Parliament has filed a suit at the Supreme Court seeking relief for nine faults they believe have been triggered by the passage of the E-Levy bill yesterday.

Minority Leader and MP for Tamale South, Haruna Iddrisu; North Tongu MP, Samuel Okudzeto Ablakwa; and Bawku MP, Mahama Ayariga, have dragged the Attorney General to the apex court, citing breaches in the passage of the bill.

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The three MPs represent all 137 opposition MPs at the apex court to argue that the constitutionally mandated number of MPs did not pass the controversial bill.

In a report on the full writ sighted by YEN.com.gh, the MPs want the Supreme Court to declare that the passage of the bill is null and void.

In the writ, the MPs want the Supreme Court to declare that “the constitutional quorum for decision-making and voting in Parliament within the meaning and intent of Article 104(1) of the 1992 Constitution is 138 Members of Parliament present in the Chamber of Parliament out of the 275 Members of Parliament; and not 136 Members of Parliament present in the Chamber of Parliament.”

Below are all the nine reliefs the Plaintiffs are demanding from the Supreme Court:

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a. A declaration that on the authority of the Supreme Court case of Justice Abdulai v. Attorney-General, Writ No. J1/07/2|22 dated 9th March 2022, the constitutional quorum for decision-making and voting in Parliament within the meaning and intent of Article 104(1) of the 1992 Constitution is 138 Members of Parliament present in the Chamber of Parliament out of the 275 Members of Parliament; and not 136 Members of Parliament present in the Chamber of Parliament;

b. A declaration that in accordance with Article 104(1) of the 1992 Constitution of Ghana and on the authority of the Supreme Court case of Justice Abdulai v. Attorney-General, Writ No. J1/07/z022, on the 29h day of March 2022, when the Rt. Hon. Speaker of Parliament put the question for the second reading of the Electronic Transfer Levy Bill, 2021, Parliament lacked the required quorum to vote on the motion before the House, there being only 136 Members of Parliament present in the Chamber of Parliament;

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c. A further declaration that by reason of relief (b) above, the purported vote on the motion for the second reading of the Electronic Levy Transfer Levy Bill, 2021 by the 136 Members of Parliament is in contravention of Article 104(1) and therefore null, void and of no effect whatsoever.

d. A declaration that in accordance with Article 104(1) of the 1992 Constitution of Ghana and on the authority of the Supreme Court case of Justice Abdulai v. Attorney-General, Writ No. J1/07/2022, on the 29h day of March 2022. when the Rt. Hon. Speaker of Parliament put the question for the Consideration of the Electronic Transfer Levy Bill, 2021 to the house, Parliament lacked the required quorum to vote on each clause of the Electronic Transfer Bill, 2021 before the House;

e. A further declaration that on account of relief (d) above, the purported vote by the 136 Members of Parliament on each clausę of the Electronic Transfer Bill, 2021 is in contravention of Article 104(1). and therefore null, void and of no effect whatsoever;

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f. A declaration that in accordance with Article 104(1) of the 1992 Constitution of Ghana and on the authority of the Supreme Court case of Justice Abdulai v. Attorney-General, Writ No. J1/07/2022, on the 29th day of March 2022, when the Rt Hon. Speaker of Parliament put the question to the house for the Third Reading of the Electronic Transfer Levy Bill, 2021, Parliament lacked the required quorum to pass the said Electronic Transfer Bill, 2021;

g. A further declaration that on account of relief ( above the purported Third Reading and subsequent passage of the Electronic Transfer Levy Bill, 2021 is in contravention of Article 104(1) of the Constitution, and is therefore null, void and of no effect.

h. An order of the Honourable Court setting aside the purported passage of the Electronic Transfer Levy Bill, 2021, bý the 136 Members of Parliament of the Majority Caucus present in the Chamber of Parliament on the 29th March 2022 as being unconstitutional, null and void;

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i. Any other relief and/or order(s) the Honourable Court may deem fit.

E-Levy: Parliament Passes Controversial Bill After Minority Stages Walkout

Ghana’s Parliament on Tuesday passed the controversial E-levy tax bill after the Minority group staged a walkout.

After a long absence, the bill was sprung on the House under a certificate of urgency to allow for broader stakeholder consultations.

After the Minority MPs walked out of the House after the bill was scheduled for voting during proceedings, the one-sided House of Majority MPs passed the bill.

Source: YEN.com.gh