Judgement in lotto case April 1
Gilbert Boyefio
5/03/09
An Accra Fast Track High Court has set April 1st to rule on an application for interlocutory injunction pending an appeal filed by the Ghana Lotto Operators Association. This follows the Supreme Court’s order on February 11th that the said application, which hitherto was dismissed by a Fast Track High Court 2, be referred back to the Fast Track High Court for rehearing.
The Supreme Court in that unanimous decision 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.
Yesterday, moving the same application in court, counsel for GLOA, Aurelius Awuku, said one of the grounds on which the National Lottery Authority based its argument on was that GLOA members are not licensed under the NLA Act 722, which outlaws private lotto operations. He told the court that it is not that members of GLOA have not taken steps to get licenses but rather they have been deliberately frustrated from getting licensed. He reminded the court that the Supreme Court in its earlier ruling on whether the NLA Act 722 breaches its right to free market activity, did not state that GLOA does not have the right to operate private lotto business but said they should be regulated on a fair and candid matter.
In response, counsel for the NLA, Kizito Beyuo, pointed out that GLOA has not amended their writ but their application has suddenly shifted from its original substance to something different, which he consequently prayed the court not to entertain. He insisted that the NLA Act 722 outlaws private lotto operations. He said members of GLOA have not procured any license after the NLA Act came into effect in 2006.
According to him, the first plaintiff, GLOA, has no locus in the matter because it is an organisation set out to protect the interest of private lotto operations.He reminded the court that it was not its previous decision or that of the Supreme Court that outlaws private lotto operations but the NLA Act 722, which the plaintiffs are seeking the court to disregard.
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 4th, 2008, an Accra 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.
5/03/09
An Accra Fast Track High Court has set April 1st to rule on an application for interlocutory injunction pending an appeal filed by the Ghana Lotto Operators Association. This follows the Supreme Court’s order on February 11th that the said application, which hitherto was dismissed by a Fast Track High Court 2, be referred back to the Fast Track High Court for rehearing.
The Supreme Court in that unanimous decision 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.
Yesterday, moving the same application in court, counsel for GLOA, Aurelius Awuku, said one of the grounds on which the National Lottery Authority based its argument on was that GLOA members are not licensed under the NLA Act 722, which outlaws private lotto operations. He told the court that it is not that members of GLOA have not taken steps to get licenses but rather they have been deliberately frustrated from getting licensed. He reminded the court that the Supreme Court in its earlier ruling on whether the NLA Act 722 breaches its right to free market activity, did not state that GLOA does not have the right to operate private lotto business but said they should be regulated on a fair and candid matter.
In response, counsel for the NLA, Kizito Beyuo, pointed out that GLOA has not amended their writ but their application has suddenly shifted from its original substance to something different, which he consequently prayed the court not to entertain. He insisted that the NLA Act 722 outlaws private lotto operations. He said members of GLOA have not procured any license after the NLA Act came into effect in 2006.
According to him, the first plaintiff, GLOA, has no locus in the matter because it is an organisation set out to protect the interest of private lotto operations.He reminded the court that it was not its previous decision or that of the Supreme Court that outlaws private lotto operations but the NLA Act 722, which the plaintiffs are seeking the court to disregard.
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 4th, 2008, an Accra 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.
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