A former Attorney General, Joseph Kpemka, has intimated that the injunction filed against the implementation of the E-levy by the Minority, must be addressed ahead of the implementation date.
According to Joseph Kpemka, the case, if not heard ahead of the implementation of the bill will become a complicated matter. He however expressed hope that the Justices will address the issue as soon as possible to avert anything of such to happen.
“When they do so, I am very certain that for the purposes of justice and fairness, the Attorney will make an application for abridgement of time to have this heard before May , 2022 otherwise, it will defeat the very purpose of which the injunction is seeking to address.”Joseph Kpemka
The Former Attorney General disclosed that this is not any writ but an application for injunction which is new. He indicated that the Minority prior to this filed an application seeking the apex court to declare that the passage of the E-levy was a nullity. “That is what they filed earlier seeking a release and constitutional interpretation.”
Mr. Kpemka indicated that, the minority realizing that the E-levy will take effect in May, filed the interlocutory injunction to restrain government from implementing the E-levy until the final and conclusive determination of the matter. “The Supreme Court is going to be called upon to weigh these options whether granting this injunction will be convenient for the parties or refusing it will create inconvenience.”
There’s nothing automatic about application
Joseph Kpemka disclosed that there is nothing automatic about the application that has been made. He averred that the court may refuse the injunction and other expeditious hearing of the substantive matter.
According to the former Attorney General, the Minority must take note that the Attorney General’s office will be responding to the matter as well and when the office responds, the basic principles for the grant or refusal of injunctions will be invoked by the Supreme Court. He revealed that the probability of the injunction filed serving its purpose will depend on when they are fixing the date for the hearing of the application.
“If it is before May 1, then it will be determined before government implements or not but if the date is after 1st May then I foresee the Attorney General applying to have it heard earlier so that when it’s determined, government can then go ahead to either implement or not based on the decision that will be given.”Joseph Kpemka
Joseph Kpemka noted that many other factors will come to play in determining the substance of the matter but expressed hope that events will soon unfold for justice to be served to the parties involved.
The Minority in Parliament filed an injunction application at the Supreme Court in Accra against the implementation of the controversial electronic transfer levy, popularly known as E-levy, pending a determination of its substantive case currently before the apex court.