Haruna Iddrisu
THE MINORITY Leader of Parliament, Haruna Iddrisu, and two other National Democratic Congress (NDC) Members of Parliament have gone to the Supreme Court to challenge the approval of the Electronic Transaction Levy (E-Levy).
Mr. Iddrisu, together with his colleague MPs, Mahama Ayariga and Samuel Okudzeto Ablakwa, are contesting that Parliament did not have the required number to form a quorum to vote and approve the E-Levy.
They are therefore asking the apex court to set aside the decision of Parliament to vote and pass the bill with less than half of the MPs present at the time of forming the quorum.
Parliament on Tuesday, March 29, passed the 1.5% levy on electronic transactions, with the Minority walking out of Parliament in protest of the passage.
The three NDC MPs have also sued the Attorney General over the passage of the E-Levy, and are seeking a declaration that on the authority of the Supreme Court case of Justice Abdulai v. Attorney-General, 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. They are also seeking 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 March 29, 2022 pass the E-Levy. Again, they want 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 March 29, 2022 without the requisite quorum number of 138 Members of Parliament present in Parliament, was null and void and of no legal effect.”
The suit also wants a declaration that the purported vote by the 136 Members of Parliament on each clause of the Electronic Transfer Bill, 2021 was in contravention of Article 104(1), and therefore null, void and of no effect whatsoever.
It also wants a further declaration that the purported third reading and subsequent passage of the Electronic Transfer Levy Bill, 2021 was in contravention of Article 104(1) of the Constitution, and was therefore null, void and of no effect.
The suit, therefore, wants 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 March 29, 2022 as a nullity.”
BY Gibril Abdul Razak