Following
series of what many pundits thought will be unending legal battle between the
National Lottery Authority of Ghana and the Gaming Commission over who has the
mandated by law to undertake the supervision of lottery and gaming in Ghana, an
Accra High Court has giving it definite verdict on the matter noting that it is
only the National Lottery Authority that has the legitimate right by law to
undertake lotteries activities in the country.
Per the
court ruling, permits and licenses issued by the Gaming Commission of Ghana to
companies and institutions to undertake promotions and related activities in
the country is illegal. The court further barred the commission from undertaking
or licensing companies and institutions in the country to undertake such
promotions, especially those that are lotteries but disguised as games.
It could be
recalled that courts actions were brought against Milicom Ghana operators of
Tigo, Airtel and MTN together with other financial institutions by the NLA. But
the court rule against NLA and barred it from solely initiating court actions
against these companies without first resorting to the Attorney General, the
current court overturned that ruling –giving the authority the capacity to
continue with such actions.
The High
Court which was presided by Her Ladyship, Mrs Getrude Torkornoo, also ruled
that the GC was not only exceeding and abusing its mandate, but also utilizing
it for improper purpose without regard to “considerations surrounding the
reasons why Act 721 and 722 were passes”.
“The Gaming
Commission does not, by any stretch of interpretation, have the mandate to
permit the operation of games of chance” the ruling noted.
Mr. Kojo
Andah, Director General of NLA at a press conference in Accra reiterated that
the NLA was hoping the Gaming Commission would respect the court’s ruling and
cease the illegalities it had engaged in prior to the court action.
But in an
interview with Mr. Rex Yeboah from the Gaming Commission reveals how
disappointed they felt per the ruling barring them from their constitutional
mandate to undertake activities of gaming in the country. He said although they
accept the court ruling for now, their legal team will be studying the verdict
and at an appropriate time file an appeal. As to when that would take place Mr.
Yeboah failed to disclose that.
Benjamin Nana Appiah Acquaye
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