Supreme Court to deliver judgment on lotto operators' case

Accra, July 2, GNA - The Supreme Court would on July 23 deliver its verdict on a suit filed by the Ghana Lotto Operators Association (GLOA) challenging the constitutionality of the National Lotto Act (Act 722). GLOA commenced the action against the National Lottery Authority (NLA) on the constitutionality or otherwise of the Lotto Act which gave the authority the exclusive right to operate lottery in the country. The GLOA contended that by Articles 33 (5), 35 (1) and 36 (2) (b) of the 1992 Constitution when read together with Articles 12 (1), 12 (2) 15 (1), 15 (2), 17 (1) (2) (3), 20 and 24 of the 1992 Constitution gave every person, particularly the private person, the right to economic activity and that right could not be lawfully taken away.

The GLOA comprises Obiri Asare and Sons Limited, Rambel Enterprise Limited, Agrop Association Limited, Dan Multi-Purpose Trading Enterprise Limited, Star Lotto Limited and From-Home Enterprises. But when the Supreme Court reconvened on Wednesday it pointed to the inability of both defendant and plaintiffs to provide the court with references they had cited to support their cases.

The court noted that although the parties had defaulted in filing their references it would pardon them and pronounce their decision because of public interest in the matter.

The court therefore, directed both parties to furnish the court with their references.

The panel included Mr. Justice S.A. Brobbery presiding, Mr. Justice Darteh Baah, Mr. Justice Julius Ansah, Mr. Justice Anin Yeboah and Mr. Justice P. Baffoe Bonney.

The GLOA is seeking a declaration that the National Lotto Act 2006 (Act 722) in so far as it prescribes operation of lotto by persons other than the state is inconsistent with and in contravention of the letter and spirit of the 1992 Constitution, especially the fundamental human right provisions and the directive principles of state policy. The operators are further seeking an order to set aside the offending sections of the National Lotto Act, 2006 (Act 722) The plaintiffs said GLOA was a limited liability company established under the laws of Ghana to foster a cordial relationship among the private lotto operators and help lotto operators in times of distress.

Members of GLOA said they had been in business for years and presently had large numbers of employees, independent agents and patrons who conducted business for them. According to them NLA was a body established by Act 722 to regulate, supervise and manage national lotto and ensure the enforcement of its relating laws.

They said the NLA in various newspaper announcements indicated that under the National Lotto Act, it was the only body that could operate lotto business in the country. According to them some of the announcements also listed various fees the NLA wanted to charge for licenses to be issued to Lotto Marketing Companies (LMCs). The defendant therefore directed the private lotto operators to register with the LMCs. The plaintiffs said they had their own production machines and produced their own lotto and own lotto numbers and they also had their own marketing agents. Therefore they could not be "easily and fairly relegated to the position of LMC agents for NLA". However, the NLA contended that the law was constitutional and it could not infringe GLOA's rights. According to the NLA district lotto operators called "banker to banker" pirated the numbers drawn by the Authority for their private gain and operated without regard to existing laws and regulations. On March 14, this year an Accra Fast Track High Court granted an interlocutory injunction filed by GLOA to restrain NLA from interfering with the property rights of lotto operating businesses. The court said since the matter raised some constitutionality, it would await the Supreme Court's decision to act as a guide. 3 July 08