A private legal practitioner Mr Kwame Jantuah has told former President John Dramani Mahama that amending or repealing laws in Ghana is not the function of the Executive.
He said only Parliament has the mandate to do so.
He says Mr Mahama made a promise to remove the e-levy if the National Democratic Congress (NDC) wins power, as though he knows how the 2024 elections will turn out.
Mr Jantuah further stated that in case the NDC wins the presidential election and does not win majority in Parliament, this promise will not be achieved, hence Ghanaians will be disappointed.
“I don’t know whether he knows what 2024 elections is going to turn out to be. It is not an executive decision to repeal the e-levy, it is parliament. If you don’t have majority in Parliament how do you repeal it?
“In terms of his comments that they will repeal it, it depends on Parliament. He spoke a little too soon,” Mr Jantuah said on the New Day on TV3 Friday May 6.
Mr Mahama has said a government of the NDC would abolish the e-levy.
“We in the NDC do not oppose taxation as a principle. We will not be pretentious and couch fanciful slogans to condemn the principle of taxation like the NPP did in the past. We are, however, implacably opposed to distortionary and burdensome taxes like the e-levy that only force Ghanaians to endure more suffering.
“A new National Democratic Congress Government, God willing and with the votes of the sovereign people of Ghana – in 2025 – will repeal the E-Levy Act,” he said while delivering an address titled “Ghana at Crossroad” on Monday May 2.
The controversial levy started on Sunday May 1 amidst public outcry.
The NDC heavily opposed the introduction of the levy. In their view, it is punitive and amounts to double taxation. The bill was passed by Parliament on Tuesday March 29 after the Minority staged a walkout.
They walked out after their leader Haruna Iddrisu said the NDC MPs remained united in opposing the policy.
On Tuesday April 19 they filed an application at the Supreme Court to block the commencement of the e-levy deductions but the Supreme Court dismissed the application on Wednesday May 4.
Following the dismissal, the Minister for Justice and Attorney General, Godfred Dame told the NDC lawmakers who filed the injunction application that applicants do not go to court based on speculations and conjecture.
In his view, available records in Parliament showed that the House had the required number of members present in approving the e-levy.
“You do not go to court with speculations and conjecture, you go to court on firm evidence….The applicants were unable to demonstrate any form of irregularity,” he told journalists in Accra after the Supreme Court dismissed the application against the e-levy.
