7:0 As Supreme Court Dismisses Injunction Application By Minority Against E-Levy Implementation[…Continue reading]

7:0 As Supreme Court Dismisses Injunction Application By Minority Against E-Levy Implementation[…Continue reading]

The Supreme Court has unanimously dismissed the injunction application filed by three members of the Members of Parliament (MP) on the implementation of Electronic Transfer Levy (E-levy).

Injunction application which was filed by Hon. Haruna Iddrisu, Samuel Okudzeto Ablakwa and Mahama Ayariga on Tuesday, 19th April, 2022 seeking the Supreme Court’s decision to injunct the the implementation has seen no favour from a seven-member penal of judges.

The application followed the passage of the bill by Parliament on 29th March, 2022, where the President of Ghana, Nana Addo Dankwa Akufo-Addo has given his signatory for gazette of the bill.

According to the court which utilized Section 37 of the Evidence Act, acts passed by Parliament are official and presumed to be regularly performed.

“We are therefore enjoined by law pending the determination of the substantive matter to presume the regularity of the Act passed by Parliament.”

“Applicants submit in Paragraph 19 of their statement of case that irreparable damage will be done. It is not clear how they came to this conclusion and can only concede that it was just a conjuncture. “

“In our opinion greater hardship will be on the state and the balance of power tilts in favour of the state.”

“We order the GRA to keep accurate records of the amounts deducted so that at the end of the substantive matter nobody will he disadvantaged”

The Seven-member panel court was composed of Nene Amegatcher as President, Her Ladyship Mariama Owusu, His Lordship Professor Ashie Kotey, Her Ladyship Getrude Torkornoo, Her Ladyship Lovelace Johnson, His Lordship Emmanuel Yony Kulendi and Her Ladyship Professor Henrietta Mensah Bonsu.

 

 

 

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