The University of Ghana, Legon acted within the law in its imposition of tolls for the use of its roads, the Parliamentary Select Committee on Roads and Transport has said.
The Vice-Chairman of the committee, Mr Theophilus Tetteh Chaie, told the Daily Graphic that the University of Ghana Act, 2010, (Act 806) empowered the institution to impose the tolls.
He said after a meeting with the Vice-Chancellor of the University of Ghana, Professor Ernest Aryeetey, and some members of the University Council on Thursday, the committee had arrived at a decision and would forward its recommendations to the House for appropriate action.
He said it was revealed during deliberations with officials of the university that it (university) secured a loan of GH�1.3 million to rehabilitate the roads and, therefore, in the opinion of the committee, if the government or the public was against the collection of the tolls, then the government must absorb the loan.
Alternatively, he said, the government could initiate moves to have the law which empowered the university to charge the tolls repealed or construct the road behind the Gulf House in Accra and the Haatso Road to ease pressure on the university�s roads.
If those two roads were constructed and drivers still wanted to use the university�s roads, he said, they would not complain if they were asked to pay tolls.
Mr Chaie, who quoted copiously from Act 806 during the interview, said those were part of the recommendations that the committee would make to the House for a decision.
1992 Constitution
Mr Chaie�s position notwithstanding, Article 174(1)- (2) of the constitution states:�No taxation shall be imposed otherwise than by or under the authority of an Act of Parliament.�
�Where an act, enacted in accordance with clause (1) of this article, confers power on any person or authority to waive or vary a tax imposed by that act, the exercise of power of waiver of variation, in favour of any person or authority, shall be subject to the prior approval of Parliament by resolution.�
Legon could still charge tolls after payment of loan
According to him, the university�s roads deteriorated severely during the construction of the N1 Highway because the Ministry of Roads and Highways prevailed upon the university authorities to allow its premises to be used as a thoroughfare and it was time for the institute to raise money to repair its roads and devise measures to recoup its investment.
�Even after the loan secured by the university is paid,� he said, it could still charge the tolls if it wanted to because the roads would have to be maintained.
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