Osei Kyei Mensah

Majority Leader and Minister for Parliamentary Affairs, Osei Kyei-Mensah-Bonsu, has described as “dead on arrival” the Minority’s application to the Supreme Court seeking an injunction on the implementation of the Electronic Transaction Levy (E-Levy).

Speaking at a press conference by the Majority Caucus on Friday, the Suame MP said once the President assents to the bill and its operation is not postponed by Parliament, the bill comes into operation.

“They say they want to stop the implementation but the bill is already enacted. I don’t know what they mean by that. Upon the assent of the President, the bill if Parliament has not postponed the operation of the bill, immediately after the assent it comes to operation… It appears you and I would know that it is going to be an exercise in futility,” he said.

He noted that the act by the Minority not to exhaust the processes and procedures in Parliament and rather seek redress in court would come back to haunt them in the future.

“Going to court when the matter has not been dealt with in Parliament is a dangerous precedent that we are setting in this country and let nobody convince himself that the NPP is going to be in power forever. The path that you are cutting now will be there to haunt you tomorrow or the day after tomorrow,” he added.

Minority Leader in Parliament, Haruna Idrissu, and two NDC MPs have urged 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 case is determined by the Supreme Court, the legislators want an interim injunction on the implementation of the E-levy.

“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.