Haruna Iddrisu, Minority Leader & Muntaka Mohammed, Minority Chip Whip
Three opposition NDC Members of Parliament have filed a suit at the Supreme Court, challenging the legality of the processes that went into passage of the Electronic Transfer Levy (E-levy) Bill by Parliament.
After taking part in some of the processes, the NDC staged a walkout in protest against the bill on Tuesday.
Minority Leader Haruna Iddrisu, Bawku Central MP Mahama Ayariga and North Tongu MP Samuel Okudzeto Ablakwa are cited in the suit as parties challenging the legitimacy of the processes, presided over by Speaker Alban Bagbin.
The aggrieved MPs want the Supreme Court to declare the passage of the E-levy as unconstitutional and therefore null and void.
They contend that Parliament, at the time of voting to pass the bill, did not have the right quorum, as stipulated under Article 104 (1) of the 1992 Constitution, which had recently been interpreted by the Supreme Court.
They have averred in the suit that at the time the second reading for the passage of the E-Levy was done, there were only 136 MPs present in Parliament instead of the required 138.
Reliefs
The complainants are inviting the apex court to declare that on the authority of the Supreme Court case of Justice Abdulai v. Attorney-General, Writ No. J1/07/2022 dated 9 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.
They, among other things, want 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 29 March, 2022 to pass the Electronic Transactions Levy (‘’E-Levy’’).
They are also demanding for 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.
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