Private lotto operators wins case
Gilbert Boyefio
11/02/09
The Supreme Court in a unanimous decision has quashed the judgment of the Fast Track High Court 2 presided over by Justice Ofori-Atta which dismissed an application for interim injunction filed by the Ghana Lotto Operators Association.
By this judgment the Supreme Court has granted an application by the GLOA revoking its supervisory jurisdiction. The court has further ordered that the application for interim injunction, which the Fast Track High Court 2 dismissed, be referred back to the Fast Track High Court for rehearing.
The five-member panel, presided over by Justice William Attuguba, and has Justices Julius Ansah, Sophia Adanyirah, Date-Bah and Rose Owusu as members, held that so far as records before the court showed, there was no satisfactory proof that the application for interim injunction was properly transferred from the court of Justice Asante to that of Justice Ofori-Atta by the Chief Justice.
According to the court, by provision of Section 104 of Article 459 of the Court’s Order only the Chief Justice, and no other person including the Registrar, can transfer cases from one court to another. They therefore held that the transfer of the case from Justice Asante’s court to that of Justice Ofori-Atta fell short of Section 104 of Article 459. The court pointed out that what the Registrar should have done was to have sought an order of transfer from the Chief Justice, and failing to do so meant that he had no jurisdiction to transfer the case.
The GLOA had sued the National Lottery Authority maintaining that its rights to free market activity had been impinged upon by the NLA following the passage of the National Lottery Authority Act 2006, Act 722. However, on November 4, 2008, Fast Track High Court 2 said the appellants were not able to assert their right to the law of equity and dismissed their application.
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 had led to its (Supreme Court’s) decision.
According to Aurelius Awuku, counsel for GLOA, the learned trial judge assumed jurisdiction over the matter when he had no jurisdiction. He challenged the mode for transferring the case from Justice Edward Asante's court to that of Justice Ofori-Atta.
He told the court that Justice Asante, who was originally sitting on the matter after it had been transferred from Justice Abada’s court by the Chief Justice, adjourned hearing of the case to October 22, 2008. He said on the next adjourned date it emerged that Justice Asante was on leave and for that matter; a court clerk adjourned it to November 6, 2008.
However, Mr Awuku disclosed to the court that on the same day (October 22), 2008, the case was called at the Fast Track High Court 2 presided over by Justice Ofori-Atta, who heard submissions in the absence of the applicants and their counsel.
He submitted that since the case was transferred to Justice Asante by an order from the Chief Justice, it was only another order from the Chief Justice that could put the case before Justice Ofori-Atta for determination.
Reacting to the submissions made by GLOA, counsel for the National Lottery Authority, Kizito Beyuo, appealed to the court to take a global look at the case and refuse the application. He said they did concede that there was a certain procedure set out for transferring a case from one judge to the other.
He however, argued that there were exceptional circumstances to the rule. According to him, the matter put before Justice Ofori-Atta was to consider an aspect of the case, which was the application for injunction
He pleaded with the court to look at the substance of the case.
11/02/09
The Supreme Court in a unanimous decision has quashed the judgment of the Fast Track High Court 2 presided over by Justice Ofori-Atta which dismissed an application for interim injunction filed by the Ghana Lotto Operators Association.
By this judgment the Supreme Court has granted an application by the GLOA revoking its supervisory jurisdiction. The court has further ordered that the application for interim injunction, which the Fast Track High Court 2 dismissed, be referred back to the Fast Track High Court for rehearing.
The five-member panel, presided over by Justice William Attuguba, and has Justices Julius Ansah, Sophia Adanyirah, Date-Bah and Rose Owusu as members, held that so far as records before the court showed, there was no satisfactory proof that the application for interim injunction was properly transferred from the court of Justice Asante to that of Justice Ofori-Atta by the Chief Justice.
According to the court, by provision of Section 104 of Article 459 of the Court’s Order only the Chief Justice, and no other person including the Registrar, can transfer cases from one court to another. They therefore held that the transfer of the case from Justice Asante’s court to that of Justice Ofori-Atta fell short of Section 104 of Article 459. The court pointed out that what the Registrar should have done was to have sought an order of transfer from the Chief Justice, and failing to do so meant that he had no jurisdiction to transfer the case.
The GLOA had sued the National Lottery Authority maintaining that its rights to free market activity had been impinged upon by the NLA following the passage of the National Lottery Authority Act 2006, Act 722. However, on November 4, 2008, Fast Track High Court 2 said the appellants were not able to assert their right to the law of equity and dismissed their application.
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 had led to its (Supreme Court’s) decision.
According to Aurelius Awuku, counsel for GLOA, the learned trial judge assumed jurisdiction over the matter when he had no jurisdiction. He challenged the mode for transferring the case from Justice Edward Asante's court to that of Justice Ofori-Atta.
He told the court that Justice Asante, who was originally sitting on the matter after it had been transferred from Justice Abada’s court by the Chief Justice, adjourned hearing of the case to October 22, 2008. He said on the next adjourned date it emerged that Justice Asante was on leave and for that matter; a court clerk adjourned it to November 6, 2008.
However, Mr Awuku disclosed to the court that on the same day (October 22), 2008, the case was called at the Fast Track High Court 2 presided over by Justice Ofori-Atta, who heard submissions in the absence of the applicants and their counsel.
He submitted that since the case was transferred to Justice Asante by an order from the Chief Justice, it was only another order from the Chief Justice that could put the case before Justice Ofori-Atta for determination.
Reacting to the submissions made by GLOA, counsel for the National Lottery Authority, Kizito Beyuo, appealed to the court to take a global look at the case and refuse the application. He said they did concede that there was a certain procedure set out for transferring a case from one judge to the other.
He however, argued that there were exceptional circumstances to the rule. According to him, the matter put before Justice Ofori-Atta was to consider an aspect of the case, which was the application for injunction
He pleaded with the court to look at the substance of the case.
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