Accra, Jan. 20, GNA - The Supreme Court will on February 11, deliver its ruling in an order for certiorari filed by the Ghana Lotto Operators Association (GLOA).
The Order for Certiorari is praying the Court to quash the decision of an Accra Fast track High Court which dismissed a suit GLOA filed against the National Lotto Authority (NLA).
GLOA together with six other members contended that the trial court, presided over Mr Justice K.A Ofori-Attah lacked the jurisdiction to hear the matter but went ahead to delivers its ruling. The members include Obiri Asare and Sons, Rambel Enterprise Limited, Agrop Association and Dan Multi-Purpose Trading Enterprise. The rest are Star Lotto Limited and From-Home Enterprise. They also challenged the way and manner their case was transferred to Justice Ofori-Attah saying it was wrong for the Registrar of the court without an order from the Chief Justice to transfer the case to another court.
According to GLOA the power to transfer cases was preserved to the Chief Justice, pointing out that the action taken by the Registrar was illegal. "There are no documents proving the order of transfer (of the case) by the Chief Justice."
GLOA is therefore praying the court to declare null and void the decision by Mr Justice Ofori-Attah null and avoid. The association contended that the matter was originally before Mr Justice K. Abada until the Chief Justice transferred it to Mr Justice Asante who after hearing the motion dismissed the entire suit against NLA.
Following the dismissal they went ahead to appeal against the Mr Justice Asante's ruling and in addition filed stay of execution pending an appeal before the same court and the matter was adjourned to October 22, 2008.
They explained that because Mr Justice Asante was on leave, a clerk in his court adjourned the matter to November 6, 2008. However, the matter was transferred to Mr Justice Ofori-Attah without their prior notice and despite their objection, the court went ahead to dismiss their application for stay of execution. GLOA said this illegality amounted to substantial injustice hence prayed the Supreme Court to quash the decision and give orders as the court may deem fit.
In response, Mr Kizito Bayuo, who represented the NLA, prayed the court to "take a global view of the matter and dismiss the application". Mr Bayou contended that the action taken by Mr Justice Asante was derived from the Court of Appeal rules, noting that it would be dangerous to entertain the application.
