42 Companies’ tax waivers had GRA and Finance Ministry taken to court.

The MPs are appealing to the Supreme Court to halt the tax waivers, contending that they do not serve the country’s best interests.

The three MPs involved, Bernard Ahiafor (MP for Akatsi South), Kwame Agbodza (MP for Adaklu), and Emmanuel Armah-Kofi Buah (MP for Ellembelle), argue that the GRA’s decision to provide these tax exemptions is detrimental to Ghana.

They claim that the tax waivers violate Article 174 of the 1992 Constitution and are therefore unconstitutional. The MPs seek a Supreme Court ruling to declare the waivers null, void, and without effect.

Bernard Ahiafor, one of the plaintiffs, is calling on the Supreme Court to step in for the benefit of the nation.

“It appears Article 174 of the Constitution is being violated, the Supreme Court is giving an exclusive jurisdiction to interpret, therefore, any citizen who is aggrieved that a particular portion of the Constitution is being contravened, the remedy available is to seek for interpretation and declaration at the Supreme Court which is the apex court.

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“That is exactly what we have done in the circumstance, we’re seeking relief against the ones that are being implemented and the ones that are yet to be implemented,” he said.

On May 20, the government released a list of companies requesting tax waivers under the 1D1F initiative.

In 2021, the Ministry of Finance initiated processes to secure approximately $335,072,712.13 in tax exemptions for 42 companies participating in 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, in 2022.

Among the companies, Sentuo Oil Refinery Limited, a newly established entity, has the highest requested exemption amounting to $164,633,012.00.