An interlocutory injunction filed by Ghana Lotto Operators Association (GLOA) restraining the National Lottery Authority (NLA) from implementing an Accra Fast Track High Court decision banning their activities was on Wednesday thrown out by the Court of Appeal.

This was after the Court upheld a preliminary objection raised by the NLA.

The court further awarded cost of GH¢ 200 each against GLOA and six other members - Obiri Asare and Sons Limited, Rambel Enterprise Limited, Dan Multi Purpose Trading Enterprise, Agrop Association Limited, Star Lotto Limited and From Home Enterprise.

The three member panel, presided over Mr Justice Asare Koranng ruled that the court did not have a Record of Appeal before them so that it could entertain the application.

Mr Kizito Bayou, who represented the NLA, prayed the court to dismiss what he called a repeated application for injunction pending an appeal.

According to him until the Court of Appeal had the record of appeal, it could not entertain the application.

Mr. Aurelius Awuku, counsel for the lotto operators, however, submitted that NLA’s assertion had no legal basis and it ought to be overruled.

He noted that the restrictive interpretation of the Court rules could bring confusion pointing out that the Court of Appeal had the power to grant their application.

GLOA in its application was praying the Court to restrain the NLA from interfering in their work or property rights while they awaited the determination of the appeal.

According to GLOA their appeal had good grounds and great chance of succeeding, given the serious errors that culminated in the Fast Track Court decision.

“The refusal of the instant application would render over 500,000 people jobless when no compensation had been made available to them to cater for their redundancy,” it added.

The Association on August 13, last year commenced legal action against the NLA at the court following the passage of the National Lotto Act 722, passed in December 2006 establishing the NLA.

However, following the emergence of issues concerning its constitutionality, the matter travelled through to the Supreme Court which unanimously ruled that the National Lotto Act 722 in no way violated the constitution especially the fundamental human rights provisions and the directive principles of state policy as stated by GLOA.

When issues were set down by the Fast Track High Court, operations of GLOA were banned.



Source: GNA