Supreme Court Hears Lotto Operators Suit

By Stephen K.Effah
Monday, 07 July 2008

The Supreme Court has directed counsel for the National Lottery Authority (NLA) and the Ghana Lotto Operators Association (GLOA) to furnish it with copies of the legal authorities they used to back their claims in their case before it but which are not found in the Ghana Law Reports.

The court explained that it was unable to secure some of the legal documents, especially those authorities in the Canadian and Indian law reports, noting that copies are not available in the court’s library.

The GLOA is challenging the constitutionality of the National Lotto Act 722, 2006, which was assented to on December 27, 2006 and established the National Lottery Authority.

In its suit filed at the Supreme Court, it claimed that Act 722, which outlawed the operations of lotto business by private operators, infringes the constitutionally guaranteed right of the private operators to free economic activity.

According to them, the creation of the National Lottery Authority by the Act to take over and monopolise the operation of the lotto business in Ghana infringes on the constitutional injunction to the government to ensure a pronounced role of the private sector in the economy.

It is, therefore, praying the highest court constituted by a five-member panel of judges presided over by Justice Allan Brobbey to declare Act 722 null and void, since it is inconsistent with and in contravention of the constitution.

When the case was called, lead counsel for GLOA, Aurelius Awuku, prayed the court to disregard the NLA’s statement of case which was filed on June 26, since due process was not followed.

He argued that the statement which is supposed to be filed within 14 days was filed out of time, hence should not be accepted by the court until the right thing was done.

But the court refused to grant the request after counsel for NLA, Kizito Bayuo, had explained to the court the circumstances that led to the delay and apologised accordingly.

"My Lords, I apologise and take personal blame for that, but it is my prayer that the statement is accepted."

The court, said its decision to accept the statement in spite of the fact that it was filed belatedly is based on the fact that the matter is of public interest.

The court then told the two counsels that some of the legal authorities quoted to back their respective claims, especially those outside the country’s law report, were not available in the court’s library, and therefore directed them to provide the court with copies of those documents.

The court, therefore, adjourned to July 23, to give its decision on the matter.

The GLOA was seeking a declaration at a high court in Accra that the directive from the NLA to private lotto operators to surrender their machines and equipment used for the operation of lottery to the Director-General by August 14, 2007 was unconstitutional, illegal and unreasonable.