A private legal practitioner, Nana Kwesi Boitey says until the Supreme Court makes a pronouncement on the Electronic Transfer Levy (E-levy), government should go ahead and implement it on May 1.
Speaking to Lily Mohammed on Starr Today Wednesday, Mr. Boitey indicated that nothing stops the Executive from implementing a law that has been passed and assented by the President.
“Until an order has been made there is no injunction restraining you, you can go ahead and do whatever until the court makes a specific order. Now, my position in respect of the enforcement of law. I do not believe that the court will take the view that if somebody is asking that a person be restrained from observing the law and that person goes ahead and observes the law regardless, it is in contempt of the court. Because there is a law passed by Status and once Status creates something to be done everybody is supposed to observe it and the Executive really has no discretion.
“The contention that the Constitution has been violated is invalid until the Supreme Court pronounces so. In the meantime, as we sit here Parliament has passed a law and the President has assented to the law, the Arm of Government that has the duty to implement the law has no discretion whether or not they will implement it,” Mr. Boitey added.
He continued: “Even assuming without admitting that the application, we want to be careful not to determine the merit or otherwise, but the question will be what harm will be caused if the law is implemented when probably it is said to be bad law. Now, if you weigh that against what harm will be caused if the law is not implemented and it is determined that that is good law then again I will dare say that there is no court that will encourage disobedience of the law. On the whips of a person because they believe that that law is bad. Until the Court has pronounced that indeed, in truth and in fact the law is bad.”
Background
Three Minority Members of Parliament have filed an application at the Supreme Court for an injunction on implementation of the levy pending the hearing of their substantive case challenging the constitutionality of passage of the E-Levy.
The Majority Leader, Osei Kyei-Mensah-Bonsu who addressed the media recently described the move by the NDC MPs as dangerous since there are internal parliamentary processes they could have resorted to.
Mr. Mensah-Bonsu also suggested that the application to block the collection of E-levy on May 1 at the Supreme Court is an exercise in futility.
But, speaking to Naa Dedei on Starr Today Friday, Mr. Ablakwa indicated that the Majority Leader cannot advised the Minority on where to seek redress on matters of the Constitution.
“What the majority leader is saying is dangerous to democracy. What does he know about the court that he is not telling us, what meeting has taken place in closed doors that we are not aware, how does he know what the Supreme Court will say in the matter? The Majority leader should know that like the bible said nothing behind closed will stay there forever,” he disclosed.
The North Tongu Member of Parliament earlier indicated that the Minority is monitoring the space on the E-levy.
Speaking to Nana Aba Anamoah on Starr Chat, he said there is no way the government will dare go ahead and implement the E-levy.
“We are monitoring and if they go ahead and implement it we will sight them for contempt at the Supreme Court,” he added.
Source: Ghana/Starrfm.com.gh/103.5FM/Isaac Dzidzoamenu
