Audio By Carbonatix
The Supreme Court has in a unanimous decision ruled that government’s re-alignment of the amount to be handed district assemblies is unconstitutional.
The apex court has held that total revenue must be calculated to include Petroleum Revenue allotted as Annual Budget Support amount and non-tax revenue paid to Central Government.
Ghana’s constitution (article 252(1)) requires parliament to make annual provision of not less than 5% of total revenue to assemblies for development.
The Minority MPs in 2017 accused government of allocating an amount less than 5% (1.5 billion) of total revenue.
Government maintained the minority misunderstood the formula used for computing the 5% allocation. Two Minority MPs, Benjamin Kpodo and Richard Quarshiga dragged the government to the apex court seeking answers.
The seven-member panel presided over by Chief Justice Sophia Akuffo has clarified that the law limiting the proportion of revenue due for allocation is in contravention of the constitution and hereby declared null and void.
“To the extent that Sections 1(2), 2(b),3(1)(b),3(5)(a),7(a), and 8 of the Earmarked Funds Capping and Realignment Act,2017(Act 947) and Section 126 of the Local Governance Act, 2016 (Act 916) purport to limit the proportion of revenue due for allocation to the District Assemblies Common Fund as established by Article 252(2) of the Constitution, the same are in the contravention of the Constitution and are hereby declared to be null and void,” the court held.
Article 252 clause 2 enjoins Parliament to “make an allocation of not less than 5% of the revenues of Ghana to the District Assemblies for development, and the amount shall be paid into the District Assemblies Common Fund in quarterly instalments”.
In June this year, the Chief Justice delivered the unanimous decision of the court.
Other members on the panel were Justices Jones Doste, Paul Baffoe-Bonnie, Sule Gbadegbe, Gabriel Pwamang and Agnes Dodzie.
DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.
Tags:
DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.
Latest Stories
-
Oil rises as US-Iran tension escalates after Iraq strikes, missile attack
46 minutes -
Trump says meetings with Zelensky and Netanyahu were positive
55 minutes -
Pressure mounts on Germany’s Merz after fractious reshuffle
1 hour -
Google rivals line up seeking damages after record $1 billion EU fine
1 hour -
Apple briefly tops $5 trillion market value for first time
1 hour -
Netflix edges BBC as first choice for UK viewers, Ofcom report shows
2 hours -
Idi Amin’s boxer grandson determined to become new King of Scotland
2 hours -
Mysterious deaths of 14 elephants in Kenya prompts urgent inquiry
2 hours -
Cynthia Erivo and Damson Idris among stars in Children of Blood and Bone trailer
2 hours -
Iran launches ‘attempted surprise attack’ on US forces in Middle East
2 hours -
Trump administration bans new Chinese humanoid robots
2 hours -
Pop star Madison Beer and NFL player Justin Herbert announce engagement
4 hours -
‘Don’t wait until you want revenge’ – why prenups are on the rise
4 hours -
Burnham has no scope to increase borrowing, think tank warns
4 hours -
eBay agrees $56m settlement with bloggers over harassment case
4 hours