The Appeals Court has thrown out a stay of execution application filed by the National Petroleum Authority over the controversial ex-refinery differential levy imposed on petroleum products. A High Court late last year ruled as illegal the ex-refinery levy which has been part of the petroleum price build-up and ordered the NPA to scrap the levy. This was after Development Data, a pro NPP think tank had contested the legality of the levy. The court also ordered the NPA to refund all amounts accrued from the collection of the illegal levy to be paid into the consolidated fund. Not impressed with the court’s decision, the NPA filed for a stay of execution at the Appeals Court with a decision to contest the ruling by the High Court. But on Monday, the Court of Appeal presided over by Justice Henrietta Abban, sitting with Justice Kusi-Appiah and Justice Ayebi refused the application. It upheld the decision by the High Court in November 2011 that illegal price margins disguised as “ex-refinery differential” should be knocked off from the fuel prices. A cost of GH¢500 was awarded the plaintiffs. Lawyer for Development Data, Alex Abban told Joy News “the ruling is only in respect of the stay of execution. It is not in respect of the substantive appeal itself. “What it means is that whatever judgement was given by the High Court we can go into execution to enforce it,” he said.