The Ghana Revenue Authority (GRA) and the Finance Ministry are facing a lawsuit over plans to grant tax waivers to 42 companies under the 1 District 1 Factory Initiative.

The suit was initiated by three Minority Members of Parliament, led by their Deputy Leader, Emmanuel Armah-Kofi Buah.

The MPs are requesting that the Supreme Court suspend the tax waivers, arguing that they are not beneficial 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), assert that the GRA’s decision to grant these tax waivers is not in the best interest of Ghana.

They argue that the tax waivers are inconsistent with and in contravention of Article 174 of the 1992 Constitution, deeming them unconstitutional. They are seeking a declaration from the Supreme Court that the waivers are null, void, and of no effect.

One of the plaintiffs, Bernard Ahiafor, is urging the Supreme Court to intervene for the sake 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,” he said.

About the tax waiver 

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.