Three NDC MPs challenge GRA and finance ministry over tax waivers for 42 companies

Three Minority Members of Parliament have filed a lawsuit against the Ghana Revenue Authority (GRA) and the Finance Ministry over proposed tax waivers for 42 companies under the 1 District 1 Factory (1D1F) initiative. The MPs are asking the Supreme Court to halt these waivers, arguing that they are detrimental to the country’s interests.

The MPs involved are Bernard Ahiafor, MP for Akatsi South; Kwame Agbodza, MP for Adaklu; and Emmanuel Armah-Kofi Buah, MP for Ellembelle. They argue that the tax waivers conflict with Article 174 of the 1992 Constitution, claiming that these waivers are unconstitutional. They are requesting the Supreme Court to declare the waivers null and void.

Bernard Ahiafor emphasized the necessity for Supreme Court intervention, stating, “It appears Article 174 of the Constitution is being violated. The Supreme Court has exclusive jurisdiction to interpret the Constitution, so any citizen who believes a constitutional provision is being breached can seek interpretation and declaration from the Supreme Court, which is the apex court.”

The dispute arises from a list released by the government on May 20, detailing companies eligible for tax waivers under the 1D1F initiative. In 2021, the Finance Ministry began the process to secure approximately $335,072,712.13 in tax exemptions for 42 companies as part of this initiative.

The Exemptions Act, 2022 (Act 1083), introduced to Parliament by former Finance Minister Ken Ofori-Atta, supports these exemptions. Notably, the Sentuo Oil Refinery Limited, a newly established company, stands out with the highest requested waiver amounting to $164,633,012.00.

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