Supreme Court to deliver judgment on Menstrual Tax Suit tomorrow

Ghana’s Supreme Court is set to deliver judgment on Wednesday 7 May 2025 in the suit filed by Private Legal Practitioner, James Kofi Afedo and his Foundation, challenging the taxes imposed on menstrual hygiene products as sexually discriminatory.

The Writ which was filed on Thursday 29th June 2023 called on the Apex Court to declare that the laws which imposed 20% Excise Duty and 17% Value Added Tax (VAT) on the products used by women to manage their monthly periods (menstruation) is sexually discriminatory, violates women’s right to education, work, and health.

The Plaintiffs asked the Supreme Court to order the Government to refund all the taxes collected from Ghanaians under the authority of those tax laws from the date of imposition until the date of judgment.

In a comment ahead of the judgment, Lawyer Afedo, who is also the Executive Director for the 2nd Plaintiff stated that “Women and girls do not have a choice between menstruating or not. It is a fundamental part of their biological make up. So it simply does not make sense that women and girls should be taxed at such exorbitant rates just because they are women.”

He added that “We simply asked the Supreme Court to exercise its power to decide whether those laws are discriminatory, violate women’s right to education, health and work, or not. And if the Court agrees with us, then it is fair that government must refund all the moneys it collected as taxes on menstrual hygiene products to those affected.”

In the highly anticipated judgment, the Plaintiffs believe that a decision of the apex Court in their favour will have a major positive impact on women’s right to menstrual health, education, and work, and promote access to affordable menstrual hygiene products to women and girls most in need across the country.

NOTE TO EDITORS:

Lawyer James Kofi Afedo and his legal team will be available to grant interviews tomorrow at the Supreme Court premises after the judgment. He can be reached on +233 59 380 1139; and by email at: james.afedo@gmail.com

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