Ghana Lotto Operators Association v National Lottery Authority

brief

Facts: The Supreme Court’s original jurisdiction was invoked by

the high court to determine whether the National Lotto Act, Act
722 was unconstitutional. The plaintiff instituted this case to
challenge the defendant's authority established by Act 722 to
prohibit any other entity from operating any form of lottery in
Ghana as well as to procure all machines used for the operation
of lottery in Ghana. The plaintiff based this action on the
directive principles of state policy, specifically Article 36(2)
which mandates the state to foster conditions necessary for a a
healthy economy.

Issue: Whether the Directive Principles of State Policy were

Justiciable

Whether Act 722 was in contravention with Article 26(2) by

restricting the plaintiffs economical rights

Held: The Directive Principle of State Policy are presumably

justiciable

Act 722 is not in breach of the constitution

Reason: The DPSP were held to be justiciable and enforceable

by the court as a way of strengthening the economic, social and
cultural rights present in the constitution. This presumption can
however be rebutted. But until that happens, the courts will be
duty bound to enforce them against any form of legislation that
purports to contravene them.

Act 722 gives the state the mandate to regulate all forms of
lottery in the country. The act of instituting an authority to
perform such regulatory and licensing duty does not imply that
the right to engage in gambling has been trampled on as such a
right does not exist.