The injunction application filed by Minority in Parliament to halt the implementation of the Electronic Transaction Levy (E-Levy) has been dismiss
The injunction application filed by Minority in Parliament to halt the implementation of the Electronic Transaction Levy (E-Levy) has been dismissed by the Supreme Court.
It can be recalled that the Minority in Parliament led by its leader Haruna Iddrisu filed an application at the Supreme Court asking the apex court to grant an interlocutory injunction to stop the implementation of the E-Levy.
The application also had the signatures of Samuel Okudzeto Ablakwa and Mahama Ayariga, Members of Parliament for North Tongu and Tamale Central Constituencies respectively.
While moving the application on Wednesday, May 4, 2022, Lawyer Edudzie Tamakloe who is counsel for the Plaintiff argued that irreparable damage would be caused to Ghanaians if the process is not halted.
On his part, the Attorney-General and Minister of Justice, Godfred Yeboah Dame opposed the grant of the application and prayed for the application to be dismissed.
The AG said the application has no cause of action and no factual statistics have been filed in the court regarding March 29 proceedings in Parliament.
After hearing both sides, the Supreme Court of seven panels presided over by Justice Nene Amegatcher took the decision to throw out the injunction unanimously.
According to the apex court, great hardship will be caused to Ghanaians if the E-Levy is injuncted.
The Supreme Court taking the decision said “the balance of hardship tilt in favour of respondent” and the application is dismissed.
Meanwhile, the Supreme Court has directed the GRA to keep accurate transfers of proceeds received so that, after the substantive hearing no one is disadvantaged if the decision goes in favour of the Applicants.
The Supreme Court at the next hearing will decide on whether Parliament had the numbers to approve the passage of the E-Levy in March in the absence of the Minority MPs.
Other members of the panel who sat on the inunction application include Justice Prof. Nii Ashie Kotey, Justice Mariama Owusu, Justice Gertrude Torkornoo, Justice Yonny Kulendi, Justice Lovelace-Johnson and Justice Prof. Herrietta Mensah Bonsu.
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