The Member of Parliament for Bawku Central, Mahama Ayariga, says the walkout staged by the Minority Caucus in Parliament was in commitment to its unwavering fight against the passage of the E-levy bill.
According to him, the Minority is not concerned about putting up a show of resistance against the bill, instead, it intends to block its passage completely.
He explained that the walkout was necessary as the Minority, due to the absence of the Assin North MP, James Gyakye Quayson, did not have the needed number to block the passage of the bill.
Speaking on JoyNews’ Newsfile on Saturday, he said, “If we were denied one of our votes, we were looking at the mathematics. So we will be 136 and they will be 137. If it is 137 and 136, then clearly they’ll win the vote.”
“A lot of people said ‘oh stand and vote and be counted and let them see that we have voted and you’ve lost through a vote’. But at that material time, our calculation was that we’re not fighting so that people will see that we’re fighting; we’re fighting to actually try and stop the passage of the legislation.
“So if we thought that the best tool to prevent the passage of the legislation is to try and prevent the existence of a quorum so that it will further be another stumbling block in the way of passing the bill then we should deploy it. And that was the thinking that informed the strategy,” he stated.
He noted that stories floating in the media space that the Minority has allegedly been compromised are false and should be treated with the contempt they rightfully deserve.
"I want people to know that the story out there that the Minority was compromised (is false). If we wanted to be compromised, we would have been compromised long ago," he said.
Nonetheless, the E-levy bill has been passed by Parliament and subsequently assented into law by President Akufo-Addo.
However, the Minority unwavering in their quest to stop the levy from being implemented has dragged the Attorney-General to the Supreme Court over the matter.
They’re arguing that the Majority group did not have the needed number to form a quorum for the passage of the bill, citing the Supreme Court’s ruling on the Justice Abdulai case.
The Minority is, therefore, seeking the following reliefs;
“a. A declaration that on the authority of the Supreme Court case of Justice Abdulai v. Attorney-General, Writ No. J1/07/2022 dated 9th March, 2022, the constitutional quorum number for decision-making and voting within the meaning of Article 104(1) of the 1992 Constitution is 138 Members of Parliament out of the 275 Members of Parliament and not 137 Members of Parliament.
b. A declaration that on a true and proper interpretation of articles 2(1)(b) and 104(1) of the 1992 Constitution of Ghana, there was no quorum to enable the 137 Members of Parliament of the Majority Caucus present in Parliament on 29th March, 2022 to pass the Electronic Transactions Levy (‘’E-Levy’’).
c. A declaration that on a true and proper interpretation of Article 104(1) of the 1992 Constitution of Ghana, the passing of the Electronic Transactions Levy (‘’E-Levy’’) by the 137 Members of Parliament of the Majority Caucus present in Parliament on the 29th March 2022 without the requisite quorum number of 138 Members of Parliament present in Parliament, is null and void and of no legal effect.
d. An order of the Honourable Court setting aside the passing of the Electronic Transactions Levy (‘’E-Levy’’) by the 137 Members of Parliament of the Majority Caucus present in Parliament on the 29th March, 2022 as a nullity.
e. Any other order(s) the Honourable Court may deem fit.”
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