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THE REPUBLIC v. HIGH COURT, FAST TRACK 1, ACCRA, EX PARTE: NATIONAL LOTTERY AUTHORITY

July 22, 2009

SUPREME COURT

GHANA

CORAM

  • ATUGUBA, JSC (PRESIDING)
  • DATE-BAH (DR.), JSC
  • ANSAH, JSC
  • ANIN YEBOAH, JSC
  • BAFFOE-BONNIE, JSC

Areas of Law

  • Constitutional Law
  • Administrative Law
  • Civil Procedure
  • Equity and Trusts

AI Generated Summary

The Supreme Court of Ghana granted the National Lottery Authority’s application for certiorari, quashing a Fast Track High Court injunction that had restrained the Authority from interfering with the operations of Ghana Lotto Operators Association and its members during their pending appeal. The Court recalled that it had previously upheld the constitutionality of the National Lotto Act, 2006 (Act 722) and noted that the Act took effect on 29 December 2006 with a 90-day transitional licensing period; thereafter, unlicensed private lotto operations were illegal. As the operators did not apply for licences, the High Court’s injunction amounted to a judicial licence to continue prohibited conduct. Emphasizing that courts must enforce statutes and that equitable remedies cannot authorize illegality, the Court held that the lower court acted in excess of jurisdiction and that certiorari lay. The decision was unanimous, with Date-Bah JSC concurring.