E-levy suit: Supreme Court directs parties to file memorandum of issues in 14 days

The Supreme Court has directed parties in the E- levy suit to file their Memorandum of agreed issues within 14 days from July 12, 2022.

The court has meanwhile adjourned the case sine die.

Following the passage of the E-levy by Parliament in March, the Minority leader Haruna Iddrisu, and two other Minority MPs, Mahama Ayariga and Samuel Okudzeto Ablakwa filed a suit at the Supreme Court invoking its original jurisdiction seeking among others, a declaration that the purported vote on the motion for the second reading of the Electronic Levy Transfer Bill, 2021 by the 136 Majority MPs is in contravention of Article 104(1) thus unconstitutional, null, void and of no effect.

According to their Statement of Case filed on April 11, 2022, the trio 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;