Private lotto operators lose case

Thursday, July 23, 2009 (Page 55)

THE Supreme Court yesterday quashed an order by the Accra Fast Track High Court which gave the nod to private lotto operators to operate in the country.
According to the Supreme Court, the Fast Track High Court exceeded its authority in allowing the Ghana Lotto Operators Association (GLOA) and six others to operate private lotto in the country.
The court, presided over by Mr Justice William Atuguba, in a unanimous decision, said the lower 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 other members of the panel were Professor Justice S.K. Date-Bah, Mr Justice Julius Ansah, Mr Justice Annin Yeboah and Mr Justice P. Baffoe-Bonnie.
On April 1, 2009, the Accra Fast Track High Court gave the nod to private lotto operators to function until the Court of Appeal determined otherwise.
In staying its earlier decision that outlawed private lotto in the country, the court stated that GLOA and the six others had raised issues that needed to be heard by the Court of Appeal on their merit and, accordingly, restrained the NLA from interfering with the property rights of the applicants, adding that the court agreed with the applicants’ assertion that there were issues to be looked into and, therefore, it was only fair to maintain the status quo of the applicants.
Not satisfied with the court’s decision, the NLA went to the Supreme Court to invoke its supervisory jurisdiction for an order of certiorari to quash the decision of the Fast Track High Court.
The Supreme Court, at its sitting in Accra yesterday, upheld the NLA’s application and, accordingly, quashed the High Court’s ruling on the grounds that the court exceeded its authority in displacing the Lotto Act (NLA) Act 2006, Act 722 which was passed by Parliament to outlaw private lotto in the country.
The effect of the ruling is that the outlaw of private lotto in the country by Act 722 has been bolstered.
The Director of Finance and Administration of the NLA, Mr Charles Mensah, described the court’s decision as a “win for the industry” because, according to him, the ruling would bring sanity into the lotto industry.
He said there was only one reference point for lottery, as pertained in other jurisdictions, adding that 17 companies had so far been licensed by the NLA to market and distribute products on behalf of the NLA, in line with provisions under Act 722.
Reacting to the court’s ruling, the General Secretary of GLOA, Mr Seth Amoani, said the court’s ruling had rendered more than 500,000 Ghanaians jobless.
He said “we are now at the mercy of the state” and further urged the government to amend the Lotto Act to make room for private participation in lotto.