The Minority Members in Parliament have dragged the Attorney General to the Supreme Court over the approval of the Electronic Transaction Levy (E-Levy).
Parliament on Tuesday approved the e-levy bill with only the Majority caucus present in the House following a walkout by the Minority.
The Minority has insisted the passage of the bill is illegal because the Majority didn't have the numbers to form a quorum to pass the bill.
Led by its Leader, Haruna Iddrisu, the Minority is asking the court to declare that the passage of the bill "null and void and of no legal effect".
But reacting to this in an interview on Peace FM's morning show 'Kokrokoo', Deputy Minister of Finance, John Kumah has insisted that there was a quorum.
"It's not true; there was a quorum . . . at the time the Speaker was putting the question, half of the minority members were in the chamber and so there was a quorum. In the process of walking out, the speaker put the question to the House; if you're on your way out but in the chamber, you are counted," he pointed out.
Speaking to the 'e-levy suit', Mr Kumah who doubles as the Member of Parliament for Ejisu said, "they should help us expand the law; there's no problem with that (going to court).
Meanwhile, the Minority is seeking the following reliefs:
“a. A declaration that on the authority of the Supreme Court case of Justice Abdulai v. Attorney-General, Writ No. J1/07/2022 dated 9th March, 2022, the constitutional quorum number for decision-making and voting within the meaning of Article 104(1) of the 1992 Constitution is 138 Members of Parliament out of the 275 Members of Parliament and not 137 Members of Parliament.
b. A declaration that on a true and proper interpretation of articles 2(1)(b) and 104(1) of the 1992 Constitution of Ghana, there was no quorum to enable the 137 Members of Parliament of the Majority Caucus present in Parliament on 29th March, 2022 to pass the Electronic Transactions Levy (‘’E-Levy’’).
c. A declaration that on a true and proper interpretation of Article 104(1) of the 1992 Constitution of Ghana, the passing of the Electronic Transactions Levy (‘’E-Levy’’) by the 137 Members of Parliament of the Majority Caucus present in Parliament on the 29th March 2022 without the requisite quorum number of 138 Members of Parliament present in Parliament, is null and void and of no legal effect.
d. An order of the Honourable Court setting aside the passing of the Electronic Transactions Levy (‘’E-Levy’’) by the 137 Members of Parliament of the Majority Caucus present in Parliament on the 29th March, 2022 as a nullity.
e. Any other order(s) the Honourable Court may deem fit.”
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