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Court throws out Bishop Obinim …Orders him to pay GH¢1.6bn to the state
An Accra high court has dismissed an application in which Bishop Daniel Obinim, the Head Pastor of International Godsway Church is challenging the decision of the Ghana Revenue Authority (GRA) requiring him to settle a tax liability of GH¢1,591,797.50 to the state.
Pastor Obinim, the applicant wanted the court to declare that the issuance and service on him to clear his tax liability is null and void.
In his application to invoke the judicial review jurisdiction of the High Court, the international pastor denied any tax obligation by virtue of the fact that he had fully paid all his tax liabilities.
The head pastor subsequently initiated the action pursuant to Section 42 of the Revenue Administration Act, 2016, Act 915 and joined the GRA and Ecobank Ghana Limited, a third party debtor as respondents.
But in its judgement delivered on May 13, 2020, Justice Doreen G. Boakye-Agyei, presiding, held that the GRA followed procedure in determining and notifying the applicant of his tax liability.
She said the applicant, not having followed the laid-down procedure to make his objections to be given a hearing as required by law, in the considered opinion of “this court is just setting up his own wilful failure and default as grounds for seeking judicial review”.
Justice Boakye-Agyei stated that the applicant, having admitted that he was served with notice of his tax liability should have followed the prescribed rules to have his grievances addressed.
“He cannot use his failure as a ground to seek judicial review. This instant case is not a proper and appropriate case for the court to exercise its powers of judicial review,” Justice Boakye-Agyei stated.
On November 15, 2018, the GRA served the applicant with a Notice of Tax Due requiring him to settle a tax liability of GH¢1,591,797.50 and followed with a final demand notice on June 17, 2019 requiring him to settle his tax obligation by June 28, 2019.
Dissatisfied with the decision of the GRA, the applicant filed a Notice of Tax Objection which was served on GRA on July 30, 2019.
The applicant’s reasons for his objections were inter alia, that he is the Head Pastor of the International Godsway Church, the church fully takes care of his expenses and he does not receive any remuneration from the church.
Pastor Obinim stated that his only source of income is from his shops which he has paid all tax liabilities for.
On February 13, 2020, the GRA proceeded to issue and serve on Ecobank, a third party Debtor Notice demanding Ecobank to pay GH¢1,591,797.50 deemed to be the applicant’s tax liability.
The applicant submitted that until and unless a decision is made and served on him personally, the GRA is estopped under the law to proceed to enforcement as far as the recoveries of the purported sum is concerned.
Pastor Obinim argued that the decision of the GRA to issue a third party Debtor Notice against the applicant was arbitrary, capricious and lawless and that justice would be best served if the applicant is given a fair hearing as far as the Notice of Objection dated July 29, 2019 is concerned.
BY MALIK SULLEMANA
Photos from the High-Level Event on Reparatory Justice for the trafficking of enslaved Africans and the racialised chattel enslavement of African people, convened at the United Nations Headquarters, New York.
Delivering a powerful address, President John Dramani Mahama underscored the moral urgency of confronting historical injustices and advancing a global commitment to reparatory justice.
“The entire transatlantic slave trade was designed to deny African people their humanity,” the President stated.
Highlighting the significance of ongoing international efforts, he added:“This resolution allows us, as a global community, to collectively bear witness to the plight of the 18 million men, women, and children whose homes, communities, names, families, hopes, dreams, futures, and lives were stolen from them over the course of four centuries.”
In reaffirming the enduring truth of justice, President Mahama noted:
“Just because everybody is doing something doesn’t make it right. Slavery is wrong now, and it was wrong then. For as long as Africans have been trafficked and enslaved, there have been abolitionists who have spoken up against it.”
He further called for a deeper reflection on identity and dignity:
“We must also remember to reclaim our own humanity… when we absorb too much of the language of violence and erasure, our minds become enslaved.”
A member of the New Patriotic Party (NPP), Beatrice Siaw, has expressed mixed views about Ghana’s current leadership, saying she admires President John Dramani Mahama but is not fully satisfied with how the country is being governed.
Speaking in an interview on Metro TV on Tuesday, she said although she belongs to the NPP, she finds it difficult to criticise the President personally.
“I admire President Mahama, so it’s hard to speak against him. But I do love my party. I am impressed with the President, not necessarily impressed with how things are going” she said.
She acknowledged that the NDC has made efforts in managing the economy and improving some key indicators. She noted that the party appears determined to prove critics wrong after previously being voted out of office.
“They are trying to do a lot of things that Ghanaians thought they couldn’t do when they were in power,” she said.
However, she was quick to add that these efforts may not necessarily translate into electoral success in the next election cycle.
When asked whether the NDC’s performance could pose a strong challenge in 2028, she said she does not believe so, although she admitted there have been some improvements in certain areas.
“In some aspects, yes,” she said when asked if she had been impressed by the government’s performance.
By: Jacob Aggrey
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