Court Upholds Lotto Act

By Stephen K. Effah
Friday, 25 July 2008

The Supreme Court on Wednesday unanimously declared that the National Lotto Act 722, in no way violates the 1992 Constitution, especially the fundamental human rights provisions and the directive principles of state policy.

The Ghana Lotto Operators Association (GLOA) in June filed a writ at the court challenging the constitutionality of Act 722, 2006, which was assented to on December 27, 2006 to establish the National Lottery Authority.

It claimed that Act 722, which outlawed the operations of lotto business by private operators, infringes the constitutionally guaranteed right of the private operator to free economic activity.

But the five-member panel, presided over by Justice Stephen A. Brobbey, which interpreted the Act disagreed, noting that (Act 722) does not contravene Articles 36 (5), 35 (1) and 36(2) of the constitution and that the GLOA in its statement of claim failed to demonstrate how it contravenes the constitution.

The court held that the lotto business is regulated in all jurisdictions, and that under Act 722, a person or a business can collaborate with the National Lottery Authority to conduct lotto.

Consequently, the Accra Fast Track High Court before which the substantive case is pending, is to fix a date to hear it.

The GLOA on August 13, last year, filed a suit at the court praying it to stop the NLA from monopolising lotto business in the country.

The GLOA is seeking "a declaration that the directive from the National Lottery Authority to private lotto operators to surrender machines or equipment used for the operation of lottery to the Director-General by August 14, 2007 is unconstitutional, illegal and unreasonable."

Further, it wants a declaration that Act 722 outlawed the operations of the lotto business by private lotto operators, infringes the constitutionally guaranteed rights of the private lotto operators to free economic activity.

It also requests for a pronouncement that "the creation of the National Lottery Authority to take over and monopolise the operation of the lotto business in Ghana infringes the constitutional injunction to the government to ensure a pronounced role of the private sector in the economy", as well as cost.

But due to the constitutional aspect of the case, the court presided over by Justice Anthony Abban on March 14, granted an interlocutory injunction filed by GLOA to restrain the NLA from interfering with the property rights of lotto operating businesses of those concerned, pending the determination of the constitutional matters by the Supreme Court.