The former deputy Attorney General, Joseph Kpemka has said that justice will be served and closure will be brought when the Supreme Court concludes hearing on the suit filed by three NDC MPs to challenge the passage of the Electronic Transfer Levy (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 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.
Reacting to the development, Kpemka said: “Counter arguments have been made, as to the new quorum in Parliament on the basis of the decision of the high court in Cape Coast declaring James Quayson as not being validly elected and therefore setting aside the entire election, as at the time the E-Levy was passed we had 274 MPs in Parliament so on the basis of that we had a quorum of 137 and not 138 determined by the Supreme Court.”
He added: “Many other factors will come in play in determining the substance of the matter but as I have indicated events will soon unfold and I know justice will be served to the party. The principle for the application for injunction generally is that when it is served on you it is noticed so that you don’t go ahead to do the act that they are seeking to injunct.”
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.
Documents filed at the Supreme Court by Godwin Kudzo Tameklo, the counsel for the applicants stated that failure to restrain the GRA from implementing the E-Levy would create a situation of possible irreparable harm to taxpayers.
“That since the constitutional validity of the passage of the Electronic Transfer Levy Act, 2022(Act 1075) is the gravamen of our claim before the Honourable Court, it is proper, just, and equitable that the Government of Ghana through the GRA or its officers and agents are restrained from commencing with the implementation of the Levy until the determination of the substantive suit before the Honourable Court.”
“That unless the Ghana Revenue Authority is restrained, irreparable harm would be occasioned to the Plaintiffs and also to millions of citizens of Ghana and all other persons in Ghana on the basis that if the Court nullifies the passage of the Electronic Transfer Levy Act, 2022(Act 1075), the government would not be in the position to reimburse all the monies paid by the millions of citizens of Ghana and all other persons.
This will lead to the unfortunate situation of government unjustly enriching itself based on illegality at the expense of the citizens of Ghana and all other persons in Ghana.”
Missed start date
Earlier, the Finance Minister had proposed a state date of 1 February 2022 as the implementation date for the new levy.
Presenting the 2022 Budget in Parliament in November last year, Ofori-Atta said: “This new policy comes into effect from 1 February 2022…The government will work with all industry partners to ensure that their systems and payment platforms are configured to implement the policy.”
“Minority stance misplaced”
Ken Ofori-Atta described the stance on the Electronic Transaction Levy taken by the opposition National Democratic Congress (NDC) as misplaced.
Speaking at a town hall meeting on the levy in Takoradi in the Western Region, Ofori-Atta said the number of Ghanaians paying tax towards development is woefully inadequate.
“So I think the NDC’s stance about not having the E-Levy may be misplaced … “It is not because they are not patriotic, but when we do the numbers you will realise that clearly, we are at a point in our nation’s history that we need to do things differently,” Ofori-Atta said.
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