NLA challenges court’s decision

Thursday, June 4, 2009 (Back Page Lead)

THE National Lottery Authority (NLA) has challenged the decision of the Fast Track High Court that allowed the Ghana Lotto Operators Association (GLOA) and six others to operate private lotto in the country.
According to the NLA, the court did not have the jurisdiction to authorise GLOA and the six others to continue with their private lotto operations pending the determination of an appeal against an earlier ruling that had outlawed private lotto.
The NLA had, accordingly, invoked the supervisory jurisdiction of the Supreme Court for an order of certiorari to quash the decision of the Fast Track High Court.
However, the respondents have described the NLA’s application as “frivolous, misconceived and a complete abuse of the supervisory jurisdiction of the Supreme Court”.
The Supreme Court had adjourned the matter to June 16, 2009 to enable the same panel that had determined the substantive case in July, 2008 to hear the application from the NLA.
An affidavit in support of NLA’s application, which was deposed by Mr Charles Mensah, the Director in charge of Administration and Finance of NLA, said following the High Court’s ruling, the respondents had refused to comply with the provisions of the Lotto Act, (NLA) Act 2006, Act 722.
It also stated that the High Court had no authority to sanction the respondents or any other person to conduct gambling.
An affidavit in opposition, deposed on behalf of the respondents by the Secretary of GLOA, Mr Seth Amoani, denied that the Supreme Court had said they (respondents) had no right to operate lotto.
On April 1, 2009, the Accra Fast Track High Court, presided over by Mr Justice Edward Amoako Asante, gave the nod to private lotto operators to function until the Court of Appeal determines otherwise.
In staying its earlier decision that outlawed private lotto in the country, the court stated that GLOA and six others had raised issues that needed to be heard by the Court of Appeal on their merit.
It, accordingly, restrained the NLA from interfering with the property rights of the applicants, adding that the court agreed with applicants’ assertion that there were issues to be looked into and, therefore, “it is only fair to maintain the status quo of applicants”.
The Fast Track High Court’s judgement banning private lotto followed an application by the NLA, which prayed the court to dismiss plaintiffs’ suit on the premise that the Supreme Court had declared the Lotto Act, (NLA) Act 2006, Act 722 as constitutional and, for that reason, there was no basis for the substantive suit to continue at the lower court.
Following the dismissal, the applicants appealed at the Court of Appeal and filed another application praying the lower court to stay its decision pending the outcome of the appeal.