An Accra Fast Track High Court on Monday gave the Ghana Lotto Operators Association (GLOA) options to pursue their case at the Supreme Court or negotiate with the National Lotto Authority (NLA).
The court in its ruling noted that the NLA had failed to file their defence in an injunction restraining them from implementing the new Lotto Act (Act 722).
The options were for the GLOA to proceed to the Supreme Court for the interpretation and enforcement of the 1992 constitution concerning the violation of their rights to property as citizens, which the FTC has no jurisdiction over.
The court advised the plaintiffs to amend sections of the pleadings to reflect the claims that they were seeking from the court for the matter to continue.
It also observed that the applicants ought to come to a compromise with the NLA to arrive at an amicable settlement or compensation for the private lotto operators following a directive from the Authority for the GLOA to surrender their machines to the respondent.
The court, presided over by Mr. Justice Kofi Anto Ofori-Attah adjourned the case to October 17, this year for the plaintiffs to report back to the court with amended sections of their pleadings and also avail themselves of other options they wanted to pursue.
He observed that the GLOA in their application asked the court to restrain the defendant from interfering in their business or property since that infringed on their rights as citizens of the country.
He said the applicants in their submission argued that defendant, through various newspaper announcements directed that all persons who owned their Lotto machines before the commencement of Act 722 should surrender it to the NLA, which they contended, was illegal.
The court observed that the plaintiffs also argued that they could not be compelled to surrender their machines to the defendant without prior agreement as to compensation, adding that the machines or equipment were their bona fide property.
"We say that there have been no negotiations between us and the Defendant regarding the machines or equipment as stipulated by Act 722 of 2006."
The applicants submitted that the attempt by the Defendant to monopolize the operations of the lotto business would strangle the operations of GLOA members and saddle owners with huge debts.
The Ghana Lotto Operators Association had filed a motion against the NLA seeking the court to prevent it from implementing the new Law till the determination of a substantive motion pending at the Fast Track High Court.
Source: GNA
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