As expected by most Ghanaians, the Supreme Court once again has ruled dismissing the application for an injunction to placed on the implementation of the Electronic Transactions Levy (e-levy).
The Apex court’s decision on Wednesday, May 4, 2022, was a unanimous 7-0 one.
Minority Leader in Parliament, Haruna Idrissu, and two NDC MPs went to the court to restrain the Ghana Revenue Authority (GRA) from implementing the Levy.
Together with Mahama Ayariga and Samuel Okudzeto Ablakwa, the MPs sued the Attorney-General arguing that Parliament did not have the required number of at least half of its members present when the controversial tax policy was approved.
Before the the case is determined by the Supreme Court the legislators want this interim measure in place.
“That 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”, documents filed on behalf of the three legislators indicated.
However, the Supreme Court in it’s ruling today directed the GRA to preserve the records generated since the levy’s implementation last Sunday.
Minority Leader Haruna Iddrisu said he is satisfied with the Court’s directive to the GRA until the substantive case is determined.
“At least some people will not be in a rush to collateralise it [E-Levy] until the substantive matter is determined. We raised this matter because it is of public interest, constitutional significance,” he told the press after the ruling.
There has been a mixed reaction from Ghanaians since the levy was implemented on Labour Day– a development former president John Mahama has termed as worrying.
The NDC, Mr Mahama, stated will scrap the E-levy ACT should they return to power in 2025.