Attorney-General (A-G) Godfred Yeboah Dame says 266 MPs participated in the processes leading up to the approval of the Electronic Transactions Levy (E-levy).
The A-G makes specific reference to the Second Reading of the tax policy, stating that 266 members were present when the question was put on the floor.
On the actual approval of the policy, Mr. Dame says voting was by a voice vote and therefore allegations about the number present are immaterial.
Minority Leader, Haruna Idrissu, and his colleagues Mahama Ayariga and Samuel Okudzeto Ablakwa have sued the A-G at the Supreme Court seeking to set aside the tax policy.
They contend that Parliament did not have the constitutional threshold of half of its members present when the policy was approved.
The A-G disagrees.
Documents filed on his behalf urge the Supreme Court not to stop the E-levy from taking off on May 1 or even set aside the policy entirely.
He argues that on March 29 when the policy was approved, there were only 274 validly elected Members of Parliament and not 275 because the election of the Assin North MP, James Gyakye Quayson, had been canceled.
The A-G explains that this is a result of a Court of Appeals’ ruling on March 22 which struck out an appeal filed by Mr. Quayson.
The AG, therefore, says the number required to transact Parliamentary business on the said day was 137.
He points out that with the exception of Dome-Kwabenya MP, Sarah Adwoa Sarfo, all 137 members of the Majority side were present.
“That there is a constitutional and statutory presumption of regularity of all laws passed in Ghana and therefore an injunction to restrain the enforcement of Act 1075 is unjustified especially as plaintiffs have failed to demonstrate a cause of action, “ Mr. Dame concludes.