Three Minority Members of Parliament have filed a lawsuit against the Ghana Revenue Authority (GRA) and the Finance Ministry regarding plans to grant tax waivers to 42 companies under the 1 District 1 Factory Initiative.
The MPs are urging the Supreme Court to halt these tax waivers, arguing they are detrimental to the country.
The MPs involved are Bernard Ahiafor (MP for Akatsi South), Kwame Agbodza (MP for Adaklu), and Emmanuel Armah-Kofi Buah (MP for Ellembelle). They claim that the GRA’s actions are not in Ghana’s best interest and that the tax waivers violate Article 174 of the 1992 Constitution, rendering them unconstitutional. They are seeking a Supreme Court declaration to nullify the waivers.
Bernard Ahiafor emphasized the importance of the Supreme Court’s intervention:
“It appears Article 174 of the Constitution is being violated. The Supreme Court has exclusive jurisdiction to interpret it. Any citizen who believes a portion of the Constitution is being contravened can seek interpretation and declaration at the Supreme Court, which is exactly what we have done. We’re seeking relief against the ones that are being implemented and those yet to be implemented,” the MP for Akatsi South stated.
On May 20, the government released the tax waiver request list for companies under the 1D1F initiative. In 2021, the Ministry of Finance began processes to secure approximately $335,072,712.13 in tax exemptions for 42 companies under the government’s One District One Factory initiative.
The Exemptions Act, 2022 (Act 1083), was presented in Parliament by the former Minister for Finance, Ken Ofori-Atta. Among the companies, the newly established Sentuo Oil Refinery Limited has the highest tax waiver request, amounting to $164,633,012.00.
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