The three NDC MPs fighting implementation of E-Levy

Three members of the Minority Caucus of Parliament have filed an injunction against the implementation of the Electronic Transfer Levy which is set to start on May 1, 2022.

According to the Members of Parliament, the implementation of the levy should not start since the Supreme Court is yet to pronounce judgment on a substantive matter before it, regarding the

Read full articleillegality of the passage of the levy.

"... 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," portions of the suit filed by the three MPs read.

Who are these MPs? We put the spotlight on all three of them:

Minority Leader in Parliament and Tamale South MP, Haruna Idrissu

Haruna Idrissu, as the leader of the minority caucus, orchestrated the walkout of the minority during the passage of the E-Levy bill. He has always maintained that the levy is not needed since the government is already taxing telecommunication companies.

He said the passage of the bill by the majority caucus in March was a charade and that “there is no E-Levy”.

MP for North Tongu and Ranking Member of Parliament Committee on Foreign Affairs, Samuel Okudzeto Ablakwa

The second plaintiff for the injunction on the passage of the E-Levy is Samuel Okudzeto Ablakwa. He has been touting the decision of the NDC to walk out during the passage of the E-Levy. He has said that the walkout was the only way the minority could continue to fight the implementation of the E-Levy.

He has cautioned the government against passing the E-Levy saying, “the substantive case which we filed on the 30th of March has not been heard yet, and we do not want to sit unconcerned when government intends to go ahead and implement the unconstitutional levy, by which time irreparable harm would have been done.

“Once we have filed this application and served the parties, I have been advised by my lawyers that it serves as a stay, and government cannot go ahead to implement the levy,” he added.

MP for Tamale Central, Mahama Ayariga

The 3rd complaint is MP for Tamale Central, Mahama Ayariga who is believed to be the mastermind behind the walkout stated by the minority during the passage of the bill.

He is reported to have suggested the tactical politico-legal strategy to leave the chamber and deprive the New Patriotic Party (NPP) of the numbers needed for a quorum to pass the levy.

Ayariga has stated that the Ghana Revenue Authority (GRA), and other stakeholders involved in the implementation of the levy should not waste their time making preparations to collect Levy because the Supreme Court will annul it.

Here is what the three MPs are seeking in court:

The three NDC MPs, Haruna Iddrisu, Mahama Ayariga and Samuel Okudzto Ablakwa are basically saying E-Levy should not be implemented till the court rules on its suit against the Attorney-General after the passage of the E Levy, saying Parliament did not have a quorum.

Read details of the suit filed by the MPs below:

A further declaration that by reason of the earlier relief (the first suit), the purported vote on the motion for the second reading of the electronic transfer bill by the 136 MPs is in contravention of article 104(1) and therefore null and void and of no effect whatsoever.

A declaration that when the Speaker put the question to the house for their reading on the Electronic Transfer bill 2021, parliament lacked the requisite quorum to pass the said electronic transfer bill 2021.

A further declaration that the purported third reading and subsequent passage of the Electronic Levy Bill is in contravention of article 104 (1) of the constitution and therefore null and of no effect.

An order for the court to set aside the purported Electronic levy bill by the 136 MPs of the majority caucus present in the chamber of parliament on the 29th March as being unconstitutional null and void.

The Supreme Court of Ghana has set May 4, 2022, which will be three days after the implementation of the levy to rule on the injunction.

The question is that will the GRA wait for the judgement of the court before it starts the implementation. Or will it start collecting the tax pending the court’s ruling?

The E-Levy Bill after it was passed by Parliament in March 29, was assented by President Nana Addo Dankwa Akuffo-Addo into law just a few days later, despite a suit by the minority caucus in Parliament challenging its passage.

Meanwhile, Ghana Revenue Authority has indicated that it has put in place all the necessary measures, including the system needed to collect the levy, and it was cooperating with electronic money issuers and other stakeholders to ensure that the collection of the levy starts on May 1, 2022.


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