THE REPUBLIC VRS. FAST. TRACK 1, EXPARTE. NATIONAL LOTTERY AUTHORITY & ORS

RULING

ATUGUBA, JSC

The Facts:

On 13/8/2007 the interested parties, who are private lotto operators, issued a writ in the High Court against the applicant challenging the constitutionality of the National Lotto Act, 2006 (Act 722) on the grounds that it violates their fundamental economic rights under the 1992 Constitution and claiming consequential reliefs. The issues as to constitutionality of the Act were referred by the trial judge to this court for determination. This court on 23/7/2008 upheld the constitutionality of the said Act, see Ghana Lotto Operators Association and Others v. National Lottery Authority (2007-2008) SCGLR 1088. Pursuant to this decision the applicant successfully applied to the trial court to dismiss the interested parties’ said action.

Aggrieved, the interested parties appealed to the Court of Appeal and pending the determination of the same, were granted an interim injunction by the trial court, restraining the applicant from interfering with their “work or pr…