Lotto operators appeal against court's decision

Accra, Aug. 22, GNA - The Ghana Lotto Operators Association (GLOA) and six members have filed a Notice of Appeal at the Court of Appeal against the decision of the Fast Track High Court, which outlawed their activities.

The members are Obiri Asare and Sons Limited, Rambel Enterprise Limited, Dan Multi Purpose Trading Enterprise, Agrop Association Limited, Star Lotto Limited and From Home Enterprise.


GLOA is seeking an order setting aside the ruling of the trial court dated on August 20, this year.


The association is further asking for an order restoring their action, which ought to be determined on merit after a proper hearing. They are also asking for other relieves as the Court of Appeal may deem fit.


In the association's grounds of appeal, it contended that the judge erred in law by summarily dismissing an action that concerned their fundamental human rights.


According to the plaintiffs, the judge also failed to consider and appreciate the nature and the extent of their relief and pleadings. GLOA further stated that the judge in summarily dismissing the case had failed in his duty to give them a fair hearing in a case involving serious issues of facts and several pieces of evidence.

Meanwhile GLOA has filed an application for injunction pending the determination of the appeal.


In an affidavit of Seth Asante Amaoni, Secretary of GLOA, said they placed an interlocutory injunction before a High Court restraining the National Lotto Authority from interfering with their property rights or lotto operating business on August 13, 2007.


However, on March 14, this year, the High Court restrained the NLA and referred certain issues to the Supreme Court.


The High Court requested for the determination by the Supreme Court as whether Act 722 violated Articles 33 (5), 35 (1) and 36 (2) (b) of the 1992 Constitution.


The Supreme Court in its decision on July 23, responded to the reference by the trial judge that Act 722 was not in breach of Articles 33 (5), 35 (1), 36 (2) (b) of the 1992 Constitution.

According to GLOA the Supreme Court recognized that they were not at the mercy of the state in seeking to participate in the state regulatory lottery industry.


The Supreme Court therefore directed that the licensing regime required to participate in the state regulatory industry had to conform to the standards set in Article 296 of the Constitution. "The Supreme Court never said that the plaintiffs cannot participate in the state regulated lottery industry," GLOA said.


According to them the Supreme Court said their participation could not be at the mercy of the state.


GLOA said their appeal had a great chance of succeeding given the serious errors in the ruling of the Fast Track High Court. On August 20, the fast Track High Court dismissed an action by the Ghana Lotto Operators Association (GLOA) challenging the constitutionality or otherwise of the National Lottery Authority (NLA) Act 2006, Act 722.


Dismissing the action, the court upheld that Act 722 of the Lotto Act was lawful.