DR. DATE-BAH, J.S.C.
The original jurisdiction of the Supreme Court has been invoked in this case by a reference made by His Lordship Justice Abada from the High Court, Accra. The issue referred to us for determination is: “whether Act 722 violates Articles 33(5), 35(1) and 36(2) of the 1992 Constitution”. The reference is clearly made in accordance with article 130 (2) of the Constitution, which provides that, where an issue that relates to the enforcement or interpretation of the Constitution or to matters arising as to whether an enactment has been made in excess of the powers conferred on Parliament or any other authority by law or under the Constitution arises in any proceedings in a court other than the Supreme Court, the court is obliged to stay proceedings and refer the question of law concerned to the Supreme Court for determination.
The background to this reference is that on 27th December, 2006, the President gave his assent to The National Lotto Act, 2006. This Act est…