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Three NDC MPs sue GRA and Finance Ministry over tax waivers granted to 42 companies

Written by on July 30, 2024

Three Minority Members of Parliament have filed a lawsuit against the Ghana Revenue Authority (GRA) and the Finance Ministry over plans to grant tax waivers to 42 companies under the 1 District 1 Factory Initiative.

The MPs are requesting the Supreme Court to suspend the tax waivers, arguing that they are detrimental to the country.

The three MPs—Bernard Ahiafor, MP for Akatsi South; Kwame Agbodza, MP for Adaklu; and Emmanuel Armah-Kofi Buah, MP for Ellembelle—claim that the GRA’s decision is not in Ghana’s best interest. They argue that the tax waivers are inconsistent with and violate Article 174 of the 1992 Constitution, deeming them unconstitutional. They are seeking a Supreme Court declaration that the waivers are null, void, and of no effect.

Bernard Ahiafor says the Supreme Court must come to the aid of the country.

“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.

“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,” the MP Akatsi South said.

On May 20, the government released the list of companies requesting tax waivers under the 1 District 1 Factory (1D1F) initiative.

In 2021, the Ministry of Finance began the process of securing approximately $335,072,712.13 in tax exemptions for 42 companies under the government’s One District One Factory (1D1F) initiative.

The Exemptions Act, 2022 (Act 1083) was introduced in Parliament by former Finance Minister Ken Ofori-Atta in 2022.

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


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