The Supreme Court will on July 22 rule on an application filed by the National Lotto Authority (NLA) invoking the supervisory jurisdiction of the Supreme Court to quash the orders of an Accra Fast Track Court (FTC) in a matter between the Authority and the Ghana Lotto Operators Association (GLOA) and seven of its members.
In an Order of Certiorari directed to the FTC, the NLA contended that an error of law was patent on the face of the court's record.
According to the NLA, the FTC exceeded its jurisdiction when it ordered GLOA and its members to continue to operate lottery.
The Court on April 1 granted an interlocutory injunction to GLOA and its members on its earlier ruling.
In the said ruling, the FTC restrained the NLA from interfering with private lotto operations pending the outcome of an appeal.
Members of the GLOA are Obiri Asare and Sons Limited, Rambel Enterprise Limited, Agrop Association Limited, Dan Multi Purpose Trading Enterprise Limited Star Lotto Limited, From Home Enterprise.
In an affidavit sworn by Mr Charles Mensah, Director in charge of Administration and Finance of NLA, in support of the application, it said since April 1, GLOA and its members had refused to comply with the provisions of Act 722 concerning lotto business in Ghana.
This contravened the court's earlier decision outlawing the operations of GLOA and it members under Act 722.
According to Mr Mensah "there is error of law patent on the face of the record."
He contended that since the GLOA and its members had refused to apply to be licensed as lotto marketing companies, under Act 722 within 90 days of the coming into force of the Act, the license to operate was automatically revoked and they could not operate in any form in the country.
"At the commencement of the interested parties' (GLOA and its members) action in August 2007, private lotto had been outlawed and remains outlaw to date."
According to him the FTC did not have the jurisdiction to authorize GLOA and its members to continue with operations pending the determination of their appeal since that amounted to authorizing them to conduct illegal business.
He stated further that gambling was illegal adding, "It can only be sanctioned by law."
In a statement of case filed by the GLOA and its members, they contended that the position of the law was that certiorari would not lie to quash the errors of law, which were patent on the face of the record and which had been made by a superior court judge who was properly knowledgeable of the matter before him.
"For the error to be considered as patent on the face the record, it must be an error which is so obvious or plain as to make the decision a nullity.
Where the error of law is not patent on the face of the record or the error is one of fact, the proper remedy is an appeal and not judicial review."
The interested parties stated that: "certiorari was a discretionary power and not granted as of right," adding that the supervisory power of the Supreme Court was a discretionary power and like all discretionary powers of a court, it was a judicial discretion and must be exercised in a judicial manner.
They noted that the FTC had the power to grant or refuse an application for interlocutory injunction adding that the power to deal with the application was incontrovertible and its exercise could not be an error.
Mr Kizitu Beyuo represented the NLA while Mr Aurelius Awuku represented GLOA and its members.
The Supreme Court panel includes Mr. Justice William Atugubah, Professor Justice S.K Darteh-Baah and Mr Justice Julius Ansah.
The rest are Mr Paul Baffoe Bonney and Mr Justice Anin Yeboah.