The National Lotto Authority (NLA) has filed an application to invoke 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.
On the grounds of an Order of Certiorari, the NLA contended that an error of law was apparent on the face of the FTC's record.
The Court on April 1 granted an interlocutory injunction to GLOA and it 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 Charles Mensah, Director in charge of Administration and Finance 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, the supervisory power of the Supreme Court was a discretionary power and like all discretionary powers of a court, it is 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 the power to deal with the application was incontrovertible and its exercise could not be an error.
When the case was put before the Supreme Court, the Chief Justice, Mrs. Justice Georgina Theodora Wood who presided adjourned the matter to June 16, saying the case should be put before the panel, which heard the substantive matter.
Mr Kizitu Beyuo represented the NLA while Mr. Aurelius Awuku represented GLOA and its members.