A former Member of Parliament for Suhum, George Opare Ansah has said that it will be difficult for the National Democratic Congress (NDC) Members of Parliament (MPs) to prove the case against the Attorney General regarding the approval of the e-levy by Parliamenton Tuesday March 29.
He explained that the e-levy was passed through a voice vote hence, it will be a difficult task for the opposition MPs to determine the number of MPs who took part in that way of voting.
Speaking on the Key Points on TV3 with Dzifa Bampoh on Saturday April 2 he said “You have to show the court, give them evidence to prove the case.
“It rests with you to prove that, do you have the necessary evidence to prove? They know they do not have the evidence but they will go to court lose the case then continue to deepen a certain perception of the judiciary.”
He added “there was no head count, it was a voice vote so how are you going to the record of the number who voted.”
But the Member of Parliament for Cape Coast South, Kweku George Ricketts-Hagan said they can prove the case in court because they have the evidence.
The Minority Leader Haruna Iddrisu described the approval as illegal and unconstitutional because in their view, the Majority did not have the right numbers to pass it.
“This is a charade,” he said at a press conference in Parliament, adding that “there is no E-levy.”
“The majority of less than 137 conducting businesses only proceeded on illegal and unconstitutional business. Parliament did not have the numbers to take any decision that should binding Parliament and Ghanaians,” he added.
They therefore decided to sue over the development.
Below their reliefs they are seeking…
a. A declaration that on the authority of the Supreme Court case of Justice Abdulai v. Attorney-General, Writ No. J1/07/2|22 dated 9th March 2022, the constitutional quorum for decision-making and voting in Parliament within the meaning and intent of Article 104(1) of the 1992 Constitution is 138 Members of Parliament present in the Chamber of Parliament out of the 275 Members of Parliament; and not 136 Members of Parliament present in the Chamber of Parliament;
b. A declaration that in accordance with Article 104(1) of the 1992 Constitution of Ghana and on the authority of the Supreme Court case of Justice Abdulai v. Attorney-General, Writ No. J1/07/z022, on the 29h day of March 2022, when the Rt. Hon. Speaker of Parliament put the question for the second reading of the Electronic Transfer Levy Bill, 2021, Parliament lacked the required quorum to vote on the motion before the House, there being only 136 Members of Parliament present in the Chamber of Parliament:
c. A further declaration that by reason of relief (b) above, the purported vote on the motion for the second reading of the Electronic Levy Transfer Levy Bill, 2021 by the 136 Members of Parliament is in contravention of Article 104(1) and therefore null, void and of no effect whatsoever.
d. 4 declaration that in accordance with Article 104(1) of the 1992 Constitution of Ghana and on the authority of the Supreme Court case of Justice Abdulai v. Attorney-General, Writ No. J1/07/2022, on the 29h day of March 2022. when the Rt. Hon. Speaker of Parliament put the question for the Consideration of the Electronic Transfer Levy Bill, 2021 to the house, Parliament lacked the required quorum to vote on each clause of the Electronic Transfer Bill, 2021 before the House;
e. A further declaration that on account of relief (d) above, the purported vote by the 136 Members of Parliament on each claus? of the Electronic Transfer Bill, 2021 is in contravention of Article 104(1). and therefore null, void and of no effect whatsoever;
f. A declaration that in accordance with Article 104(1) of the 1992 Constitution of Ghana and on the authority of the Supreme Court case of Justice Abdulai v. Attorney-General, Writ No. J1/07/2022, on the 29th day of March 2022, when the Rt Hon. Speaker of Parliament put the question to the house for the Third Reading of the Electronic Transfer Levy Bill, 2021, Parliament lacked the required quorum to pass the said Electronic Transfer Bill, 2021;
g. A further declaration that on account of relief ( above the purported Third Reading and subsequent passage of the Electronic Transfer Levy Bill, 2021 is in contravention of Article 104(1) of the Constitution, and is therefore null, void and of no effect.
h. An order of the Honourable Court setting aside the purported passage of the Electronic Transfer Levy Bill, 2021, bý the 136 Members of Parliament of the Majority Caucus present in the Chamber of Parliament on the 29th March 2022 as being unconstitutional, null and void;
i. Any other relief and/or order(s) the Honourable Court may deem it.
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