The Supreme Court has ordered the Ghana Revenue Authority (GRA) to keep accurate records of all e-levy deductions to enable a refund to payees if it is later determined that the law was passed unconstitutionally.
This was after the 7-member panel of the Court unanimously dismissed an application by three Minority MPs to suspend the implementation of the levy on Wednesday, May 4.
According to the Court, the Republic would suffer a great deal if the government is temporarily stopped from deducting the levy from electronic transactions.
In response to the directive to the GRA, Minority Leader, Haruna Iddrisu, who is one of the plaintiffs, said he is satisfied with the Court’s directive to the GRA.
The Tamale South MP described the Supreme Court’s ruling as “refreshing and heartwarming.”
“At least some people will not be in a rush to collateralise it until the substantive matter is determined. We raised this matter because it is of public interest, constitutional significance,” he told the press after the ruling.
The three Minority MPs in the substantive suit contend that Parliament did not have the required number of at least half of its members present when the controversial tax policy was approved.
As a result, they are praying the Court to restrain the government and its actors from proceeding to implement the law.
However, this is a request the Supreme Court said it cannot grant.
The Court consisted 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 Yonny Kulendi and Her Ladyship Professor Henrietta Mensah Bonsu.