E-levy case:”File your Statement of Case in 14 days from today”– Supreme Court tells AG

This was an order by the sole Supreme Court Judge, Clemence Honyenuga JSC to the Principal State Attorney who represented the state in the case in court on Thursday, May 26, 2022.

The crux of the case filed by 3 Minority MPs is that “the passage of the Electronic Transfer Levy Bill, 2021 on the 29th day of March 2022 by the 136 or the purported 137 Members of Parliament of the Majority Caucus and the Independent Member of Parliament who was present in the Chamber of Parliament contravened Article 104(1) of the 1992 Constitution of Ghana.”

On May 4, 2022, the Supreme Court dismissed an interlocutory injunction filed by the plaintiffs to restrain the Ghana Revenue Authority (GRA) from commencing with implementing the Electronic Transfer Levy which came to force on May 1, 2022, pending the determination of the substantive case.

When the substantive case was called today, the plaintiffs; Haruna Iddrisu, Okudzeto Ablakwa, and Mahama Ayariga were absent in court. 

Notwithstanding, their counsel, Edudzi Tamekloe was present and ably ready to present his case.

When called, a Principal State Attorney, Tricia Quartey had a prayer to make to the court and thus stood and moved a motion for an extension of time for the state to file its statement of the case.

This was not opposed by the lawyer for the applicants only that he indicated his eagerness to receive the Statement of Case and reply to suit accordingly.

The Supreme Court presided over by a sole Judge, Clemence Honeyenuga JSC upheld the AG’s request and instructed them to make sure to file the Statement of Case, “Exactly 14 days from today”

Background

According to their Statement of Case filed on April 11, 2022, the Minority Leader, Haruna Iddrisu, and his colleagues; Okudzeto Ablakwa and Mahama Ayariga are seeking inter alia;

• A declaration that on the authority of the Supreme Court case of Justice Abdulai v. Attorney-General, Writ No. ...11/07/2022 (hereinafter referred to simply as Abdulai v. Attorney General) 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;
• A declaration that in accordance with Article 104(1) of the 1992 Constitution of Ghana and on the authority of Abdulai v. Attorney General, on the 29th 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;
• 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
• A declaration in accordance with Article 104(1) of the 1992 Constitution of Ghana and on the authority of Abdulai v. Attorney, on the 29th 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 Levy Bill, 2021 before the House;