Lotto Operators Appeal

By Stephen K. Effah
Friday, 22 August 2008

The Ghana Lotto Operators Association (GLOA) and six other private operating firms yesterday filed a stay of execution of the decision by an Accra Fast Track High Court not to allow them to operate private lottery in the country.

The court, presided over by Justice Edward Amoako Asante on Wednesday, dismissed an action by GLOA challenging the constitutionality of the Lotto Act 722, and awarded a GH¢2,000 cost against each of them.

Not satisfied with the Fast Track Court’s ruling, the plaintiffs filed an application to contest the ruling at the Court of Appeal.

The GLOA and six private lotto operating firms are seeking an order from the Court of Appeal to set aside the High Court’s ruling on August 20, since according to them, the trial judge erred in law by summarily dismissing their action.

In their grounds of appeal, which is expected to be moved on September 3, the plaintiffs are praying the Court of Appeal to restore their action for it to be determined on its merit after a proper hearing.

They averred that the judge, Edward Amoako Asante, failed to consider and appreciate the nature and extent of their case as borne out by the reliefs and pleadings.

At the High Court, the plaintiffs had asked that it declared as "illegal and unreasonable," an NLA directive to private lotto operators to surrender their machines and equipment used for their operation.

"The learned judge in summarily dismissing the plaintiffs’ case has failed in his duty to give the plaintiffs a fair hearing in a case involving serious issues of facts and several pieces of difference," they contended.

The plaintiffs further indicated that they would file additional grounds upon receipt of a copy of the proceedings of the High Court on August 20.

In an affidavit in support of the notice of stay of execution of the court’s order, and deposed to Seth A. Amoani, Secretary of GLOA, it said the circumstances of the application by the NLA to have the plaintiffs’ action dismissed "raises serious questions of law and fact which would be considered by the appellate court"

"The appeal has good grounds and has a great chance of succeeding given the serious errors that culminated in the ruling of the Fast Track Court on August 20, 2008," it added.

It pointed out that a decision of the appellate court reversing the ruling of the Fast Track Court of Wednesday would be rendered nugatory if the enforcement of the said ruling is not injuncted pending the determination of the instant appeal.

It said that the Supreme Court in its ruling of July 23 on the constitutional aspect of the case recognised that the plaintiffs "are not at the mercy of the state in seeking to participate in the state regulatory lottery industry."

"I say that the Supreme Court never said that the plaintiffs cannot participate in the state regulated lottery industry," it added.

Plaintiffs on August 13, 2007 began an action at the High Court applying for an interlocutory injunction against NLA which was granted until the determination of the matter.

However, upon the NLA’s raising the issue of constitutionality, the matter was referred to the Supreme Court, which on July 23, ruled that Act 722 was not in contravention of the constitution as claimed by plaintiffs.

The court pointed out that the plaintiffs failed to convince it on how the Act infringes on their constitutional rights, especially those enshrined in Articles 33(5), 35(1) and 36(2)(b).

Following the Supreme Court’s determination, the parties went back to the High Court where the substantive case was pending, for directions since the Supreme Court in its ruling did not give any orders or award costs.

In view of the Supreme Court’s determination, the NLA filed an application at the Fast Track High Court before a vacation judge praying the court to dismiss plaintiffs’ case since there was nothing left unresolved in the matter by the Supreme Court.