E-Levy in limbo as Minority files interlocutory injunction against implementation
Minority Leader in Parliament, Haruna Idrissu, and two NDC MPs are urging the Supreme Court to restrain the Ghana Revenue Authority (GRA) from its planned implementation of the Electronic Transactions Levy on May 1.
Together with Mahama Ayariga and Samuel Okudzeto Ablakwa, the MPs have 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 say.
Private legal practitioner, Godwin Tameklo who filed the documents on behalf of the MPs, says a failure to restrain the GRA would create a situation of possible irreparable harm to taxpayers.
“That unless the Ghana Revenue Authority is restrained, irreparable harm would be occasioned to the Plaintiffs and also to millions of citizens of Ghana and all other persons in Ghana on the basis that if the Court nullifies the passage of the Electronic Transfer Levy Act, 2022(Act 1075), the government would not be in the position to reimburse all the monies paid by the millions of citizens of Ghana and all other persons.
This will lead to the unfortunate situation of government unjustly enriching itself based on illegality at the expense of the citizens of Ghana and all other persons in Ghana.”
