Private legal Practitioner and Former Tamale Central Member of Parliament, Inusah Fuseini, has insinuated that government should have held back on implementing the Electronic transaction levy (E-levy).
According to Inusah Fuseini, as the application for injunction has already been filed against the levy, he was expecting government to respect the court and “the issue at hand”, thereby placing on hold the implementation of the E-levy. “I think that government should have exercised some kind of restraint for the three days and today, probably after the court ruling, follow the dictates of the court.”
The legal practitioner stated that the state out of respect and caution for the court should have progressed slowly and awaited the outcome of the motion in court; however, the state has already gone ahead with its action.
Inusah Fuseini intimated that the matters that are before the court, with regards to the E-levy and the current happenings in the country, clearly calls for a court decision on the E-levy implementation. “And today, May 4, 2022, the application to injunct government from implementing the E-levy will be taken.”
The former Member of Parliament clarified that an injunction was not secured by the Minority, rather an application for injunction was filed by the three Minority MPs. “A notice of the application was brought to the attention of the Attorney General.”
E-levy cannot be injuncted until court’s pronouncement
Inusah Fuseini explained that the E-levy cannot be injuncted until it’s pronounced by the court. He asserted that one filing an intention to injunct does not automatically operate as an injunction.
“No person can be injuncted until the court injuncts that person. Out of huge respect to the court, when an injunction is filed, the notice of injunction is brought to the attention of the parties. The parties out of respect might want to hold back on doing anything that might be interpreted as showing disrespect to the court. So, that is how we lawyers interpret an application for injunction.
Inusah Fuseini
The Supreme Court will today, May 4, 2022, hear the injunction application filed by the National Democratic Congress (NDC) lawmakers against the controversial Electronic levy popularly known as E-levy. According to the Minority, the bill which was passed by Parliament on Tuesday, March 29, 2022 and has now been implemented, is punitive and amounts to double taxation.
As such, the three Members of Parliament from the Minority on Tuesday April 19, 2022, filed an application at the apex court to block the commencement of the E-levy deductions. However, the Ghana Revenue Authority (GRA) went ahead to start implementation of the Policy which commenced on Sunday May 1, 2022.
The NDC MPs, who filed the injunction application were Haruna Iddrisu, MP for Tamale South, Samuel Okudzeto Ablakwa, MP for North Tongu and Mahama Ayariga, MP for Bawku Central. The nation currently awaits the verdict of the court as the hearing has been slated for today.
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