The Supreme Court on Wednesday
an order for certiorari filed by the Ghana Lotto Operators Association
(GLOA) against the National Lotto Authority (NLA).
This was after it had quashed the decision of the Accra Fast
Track High court in respect of an interim injunction pending an appeal
and order of stay of execution filed on October 22 and November 4,
It therefore directed that the application for an interim
injunction be remitted to the Fast Track High Court, presided over by
Mr. Justice Edward Amoaku Asante who was originally scheduled to
hear the matter.
“The case should be remitted to the court and the
application for interim injunction be properly heard before the Fast
Track High Court,” the Supreme Court declared.
Awarding cost of GH 1,000 cedis against the NLA, the
Supreme Court noted that there was no order for the transfer of case
by the Chief Justice to Mr. Justice K.A Ofori-Atta.
According to the court the Registrar of the court explained
that his action was based on a directive from the Chief Justice
The order of transfer, the court noted, should have solely
emanated from the Chief Justice pointing out that, the Registrar had no
authority to transfer cases.
The panel include: Mr Justice William Atugubah, Dr Justice
Darteh-Baah, Mr Julius Ansah, Mrs Justice Sophia Adinyira and Mrs
Justice Rose Owusu.
GLOA filed an Order for Certiorari praying the Court to
quash the decision of an Accra Fast Track High Court which dismissed
a suit GLOA filed against NLA.
GLOA together with six other members contended that the
trial court, presided over Mr Justice K.A Ofori-Atta lacked the
jurisdiction to hear the matter but went ahead to deliver its ruling.
The members include Obiri Asare and Sons, Rambel
Enterprise Limited, Agrop Association and Dan Multi-Purpose Trading
The rest are Star Lotto Limited and From-Home Enterprise.
They also challenged the way and manner their case was
transferred to Justice Ofori-Atta, 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 a
preserve of 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-Atta.
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
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-Atta
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.
Mr Kizito Beyuo, who represented the NLA, in response
prayed the court to “take a global view of the matter and dismiss the
Mr Beyou 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.