Voting, passage of E-levy by 136 MPs unconstitutional, null and void- Haruna Iddrisu, 2 MPs to SC
According to the plaintiffs per the authority of the case of Justice Abdulai v. Attorney General, the constitutional quorum for decision-making and voting in Parliament per Article 104(1) is 138 MPs present in the Chamber but not 136.
The Minority leader in parliament, Haruna Iddrisu, and 2 other Minority MPs, Mahama Ayariga and Samuel Okudzeto Ablakwa have filed a suit at the Supreme Court invoking its original jurisdiction seeking inter alia 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 the plaintiffs per the authority of the case of Justice Abdullai v. Attorney General, the constitutional quorum for decision-making and voting in Parliament within the meaning and intent of the 1992 Constitution specifically Article 104(1) is 138 MPs present in the Chamber and not 136.
On Tuesday, March 29, 2022, a Majority-only House passed the Electronics Transfer Levy Bill, 2021 after a voice vote.
The Minority staged a walkout in Parliament at the consideration stage of the bill during the second reading noting that the Bill was not listed on Parliament’s Business statement for the week.
Considered under a certificate of urgency, the bill was adopted at a reduced rate of 1.5% from the initial proposed rate of 1.75% thus awaiting presidential assent.
Meanwhile, Haruna Iddrisu and the 2 others, argue that when the Speaker of Parliament put the question for the second reading during the purported passage, Parliament lacked the required quorum to vote on the motion before the House contrary to Article 104(1) OF Constitution, 1992 and on the authority of the case, Justice Abdulai v. Attorney General.
Moreover, they seek a declaration by the Supreme Court to the effect that the purpotted vote by 136 Members of Parliament on each clause of the Electronic Transfer Bill, 2021 after the Speaker put the question before the House was null, void, and of no effect.
A further declaration that Parliament lacked the required quorum to pass the Electronic Transfer Bill, 2021 on March 2021 when the Speaker put the question before the house for a Third Reading of the Bill and want the same to be declared null, void, and of no effect.
They, therefore, want the apex court of the land to set aside the purported passage of the Electronic Transfer Levy Bill, 2021 by the 136 MPs of the Majority Caucus present in the chamber on the said date by declaring the same unconstitutional, null and void.
