Lotto operators go to Supreme Court

Friday, December 12, 2008 (Page 31)

THE Ghana Lotto Operators Association (GLOA) has filed a motion praying the Supreme Court to quash the proceedings which led to the dismissal of an application for injunction pending an appeal against the outlaw of private lotto in the country.
The GLOA had sued the National Lottery Authority (NLA) and maintained that its rights to free market activity had been impinged upon by the NLA following the passage of the National Lottery Authority (NLA) Act 2006, Act 722, but the Fast Track High Court dismissed the application, prompting the GLOA to appeal.
After filing the appeal, the GLOA filed another application praying the court to stay execution of its judgement pending the outcome of the appeal which it (GLOA) said had a good chance of success.
However, on November 4, 2008, the court, presided over by Mr Justice K.A. Ofori-Atta, said the appellants were not able to assert their right to the law of equity.
Following the lower court’s decision, the GLOA filed the application to invoke the supervisory jurisdiction of the Supreme Court to quash the Fast Track High Court’s proceedings on October 22, 2008 which led to the subsequent dismissal of its application for injunction.
It is also praying the Supreme Court to order the stay of execution of the court’s ruling which the GLOA said impinged on its right to access to free market activity.
According to the GLOA, the learned trial judge lacked the jurisdiction to hear the application for injunction pending appeal.
The application is expected to be moved on Tuesday, January 13, 2009.
The grounds of the motion were that the matter challenging the constitutionality or otherwise of the Lotto Act had been put before Mr Justice Edward Asante after it was transferred from Mr Justice Anthony Abada’s court by the Chief Justice.
In its statement of case, the applicant stated that Mr Justice Asante adjourned hearing of the case to October 22, 2008 but on the next adjourned date it emerged that Mr Justice Asante was on leave and for that matter a court clerk adjourned it to November 6, 2008.
“On the same day of October 22, 2008, the case was called at the High Court Fast Track 2 presided over by Mr Justice Ofori-Atta who heard submissions in the absence of the applicant and its counsel. The learned trial judge then adjourned the pending application for ruling on November 4, 2008,” it stated.
It further argued that on November 4, 2008, counsel for the applicant appeared before the court and objected to the delivery of the ruling on the grounds that the judge lacked jurisdiction to hear the application and deliver a ruling.
According to the applicant, “since the case was transferred to Justice Asante by an order from the Chief Justice, it is only another order from the Chief Justice that can put the case before him (Justice Ofori-Atta) to determine”.
The applicant argued that “in the absence of an order of transfer and any evidence confirming its existence, Justice Ofori-Atta overruled our objection and proceeded to dismiss the application for injunction pending appeal”.
Citing authorities to support its argument, the applicant held that it was evident that the registrar of the Fast Track High Court, and not the Chief Justice, transferred the case to Justice Ofori-Atta’s court.
“The registrar sought to arrogate to himself the powers of the Chief Justice, which he did not have, and had no authority of the Chief Justice to act in that regard,” the GLOA stated.
The Fast Track High Court’s judgement banning private lotto followed an application by the NLA, which prayed the court to dismiss the plaintiff’s suit on the premise that the Supreme Court had declared the Lotto Act constitutional and, for that reason, there was no basis for the substantive suit to continue at the lower court.