Supreme Court grants GLOA order for certiorari

Accra, Feb.11, GNA - The Supreme Court on Wednesday unanimously granted 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, 2008 respectively.

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 Secretariat. 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 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-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 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-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 application".

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.