Three Minority Members of Parliament have filed a lawsuit against the Attorney General and the Minister of Justice over the contentious Electronic Transfer Levy (E-levy), which Parliament passed on March 29, 2022.
Haruna Iddrisu (Tamale South), Mahama Ayariga (Bawku Central), and Samuel Okudzeto Ablakwa (Tamale South) are the MPs (North Tongu).
The claimants believe that Parliament lacked the necessary quorum to approve the E-levy Bill into law, and hence want the Supreme Court to declare the approval null and void.
They are thereby seeking the court’s original jurisdiction under Articles 2 (1) and 130 (1) of the constitution, as well as Rules 45 (1) and (2) of the Supreme Court Rules (1996) C.I 16.
Parliament passed the Electronic Transfer Levy in the absence of the Minority MPs, who had walked out before the Bill was considered at the second reading stage.
The Minority had complained that it had been taken by surprise by the unexpected consideration of the tax policy.
The approval according to the Minority is illegal and unconstitutional because the Members present at the time fell short of the required 138 quorum under Article 104 (1) of the 1992 constitution, as affirmed recently by the Supreme Court.
In the writ sighted by Citi News, the MPs are making nine reliefs as follows:
a. A declaration that on the authority of the Supreme Court case of Justice Abdulai v. Attorney-General, Writ No. J1/07/2|22 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;
b. A declaration that in accordance with Article 104(1) of the 1992 Constitution of Ghana and on the authority of the Supreme Court case of Justice Abdulai v. Attorney-General, Writ No. J1/07/z022, on the 29h 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:
c. 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.
d. 4 declaration that in accordance with Article 104(1) of the 1992 Constitution of Ghana and on the authority of the Supreme Court case of Justice Abdulai v. Attorney-General, Writ No. J1/07/2022, on the 29h 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 Bill, 2021 before the House;
e. A further declaration that on account of relief (d) above, the purported vote by the 136 Members of Parliament on each clausę of the Electronic Transfer Bill, 2021 is in contravention of Article 104(1). and therefore null, void and of no effect whatsoever;
f. A declaration that in accordance with Article 104(1) of the 1992 Constitution of Ghana and on the authority of the Supreme Court case of Justice Abdulai v. Attorney-General, Writ No. J1/07/2022, on the 29th day of March 2022, when the Rt Hon. Speaker of Parliament put the question to the house for the Third Reading of the Electronic Transfer Levy Bill, 2021, Parliament lacked the required quorum to pass the said Electronic Transfer Bill, 2021;
g. A further declaration that on account of relief ( above the purported Third Reading and subsequent passage of the Electronic Transfer Levy Bill, 2021 is in contravention of Article 104(1) of the
Constitution, and is therefore null, void and of no effect.
h. An order of the Honourable Court setting aside the purported passage of the Electronic Transfer Levy Bill, 2021, bý the 136 Members of Parliament of the Majority Caucus present in the Chamber of Parliament on the 29th March 2022 as being unconstitutional, null and void;
i. Any other relief and/or order(s) the Honourable Court may deem it.
