NDC weeps to Supreme Court …after refusing to vote on E-Levy

The National Democratic Congress (NDC) Minority group in Parliament has said it is heading to the Supreme Court over the passage of the Electronic Transfer Levy (E-Levy) Bill after the group decided to walkout of Parliament just when the House was about to take a vote on whether or not to approve the Bill yesterday.

The New Publisher was informed at press time that the Minority had indeed filed a writ seeking an injunction against President Nana Akufo-Addo from assenting his signature to legitimize the passed Bill into Law.

The writ was said to have been filed by Minority leader Haruna Iddrisu and two of his colleagues, Mahama Ayariga of the MP for Bawku constituency and Samuel Okudzeto Ablakwa the MP for North Tongu constituency.

The New Patriotic Party (NPP) Majority group in Parliament yesterday passed the Bill after a third reading and has given an indication President Nana Akufo-Addo would be assenting to it as soon as it is practicably possible.

Minority Leader, Haruna Iddrisu, however told a press after he Bill had been passed that his side sees the supposed passage as an illegality because according to him, the Majority did not have the adequate numbers to form a quorum to pass the Bill.

“Immediately after this press briefing, we intend to file to question the legitimacy of the decision of less than one-half of MPs taking a decision to approve E-Levy at second reading, following our walkout and at third reading, which is required”, Haruna Iddrisu noted.

He explained further: “I’m using 137 because conspicuously, everybody in the world and Ghana knows the Honourable Adwoa Safo was not present and, therefore, you had 137

“We know that there was an ambulance within the precincts of parliament but the person who is purported to have been in the ambulance was not present in the chamber for the purpose of exercising a vote. Therefore, every decision that they took with 136 flies against the ruling of the Supreme Court”.

Haruna Iddrisu continued: “And for emphasis, I’m going to read page 12 of the Supreme Court ruling: There is a second quorum provision spelt out in article 104(1). This provision applies specifically and exclusively to voting to determine a matter in parliament. Article 104(1) provides as follows: ‘Except as otherwise provided in this Constitution, matters in parliament shall be determined by the votes of the majority of members present and voting with, at least, half of all the members of parliament present’.

“During the second reading, you did not have half of the MPs present. During the consideration stage, you did not have half of MPs present per the Supreme Court ruling. And, during the third reading, you did not have more than half of the MPs present and voting”.

“Therefore, those of you who are celebrating with them that e-levy has been passed and accordingly passed, your excitement will be short-lived”, the Minority Leader added.

He said: “Immediately after this press briefing, we intend to file to question the legitimacy of the decision of less than one-half of MPs taking a decision to approve e-levy at second reading, following our walkout and at third reading, which is required”.

Samuel Okudzeto Ablakwa also took to his Facebook page to profess same thoughts in different words: “You thought we will give you the pleasure of returning to court for a declaration that the Assin North MP shouldn’t have been present in the Chamber to vote so that you can claim a 137-136 victory for the E-Levy.

“With our strategic walk out, you fall short of the required 138 quorum under article 104(1) of the 1992 Constitution and as affirmed by the Supreme Court in the recent Justice Abdulai case.

There can be no contention about Hon. Adwoa Safo’s absence from today’s proceedings.

Trust your NDC representatives, we have a conscience, and we know that the real power belongs to you.

“Going by the Supreme Court’s decision, the E-Levy has not been passed. What transpired today is a ridiculous nullity!”