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NLA wins interim injunction against Vodafone

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The Accra High Court on Wednesday restrained Vodafone Ghana Limited, one of the nation's communication companies, from continuing with its "Mooore Money" promotion until a suit brought against it by the National Lottery Authority (NLA) was determined. The court, however, asked the NLA to within 21 days from Wednesday, give an under-taking to pay adequate compensation to Vodafone should the substantive matter go in favour of Vodafone. The order followed an application by the NLA seeking an order to restrain Vodafone and their agents, servants, assigns from promoting, sponsoring and advertising the ongoing purported promotion dubbed "Mooore Money". Joined in the suit were the Gaming Commission and two of its officials, Mr Peter Yeboah and Mr Kofi Ahinkorah. The NLA further sought an order restraining the defendants from associating with, engaging, or supervising any draw organised for the Vodafone Moore Money promotion. The NLA also sought to restrain Mr Yeboah and Ahinkorah from issuing any purported permits or licences in the name of the Commission for lottery schemes disguised as consumer promotions, pending the appointment of the Gaming Commissioner and the constitution of the Gaming Commission as stated in Section 4 (2) of the Gaming Act, Act 721. Additionally, the NLA sought an order preventing Mr Yeboah and Mr Ahinkorah from charging and collecting in the name of the commission five per cent gaming tax or promotional fee from Vodafone Ghana or any other applicants. The Authority sought general and special damages, cost and any other reliefs that the court might deem fit. The court, presided over by Mr Justice Dennis Adjei, a Court of Appeal judge with additional responsibility as a High Court judge, did not award any costs but said the substantive matter should take its normal course. After listening to the submissions of the counsel in the matter, the court said it was of the opinion that triable issues had been raised regarding whether or not the promotion was a game of chance or a lottery and having considered the balance of hardship that would be suffered at the end of the trial, injunction should be granted. Before counsel in the matter could argue their submissions, Mr Kojo Graham, counsel for the NLA, told the court that the motion against the commission and two other defenders had been withdrawn, since they were pursuing a settlement in the matter. He said the promotion by Vodafone described as a consumer promotion to reward customers was a lottery, since it bore the elements of lottery such as prize money, winning by chance and the payment of money by participants. He said Vodafone was to realise a net profit of GH¢730,000 in the purported game of chance permitted by the commission and that the jurisdiction of the commission was to regulate and control the laws relating to casinos and other gaming activities other than lottery. Mr Festus Kayi, counsel for Vodafone, opposed the motion that what his clients were doing was not lottery and that the commission was responsible for monitoring all games of chance in the country. "What we are doing is a consumer promotion exercise which is under the regulation of the commission," the counsel said, adding that the commission was the sole body authorised to grant a licence or permit in that regard. In the substantive matter, the NLA said it was a statutory body established by the National Lotto Act, 2006 (Act 722), which gave it authority to regulate, supervise and manage the national lotto as well as the enforcement of laws relating to lottery within the country. It said that on August 1, 2011, Vodafone Ghana launched a lottery disguised as a promotion by name Vodafone Mooore Money scheduled to run from August 1, for 10 cycles, with each cycle ending with the one millionth SMS. Vodafone Ghana launched a new SMS Money Game, which will allow subscribers to win various sums of money up to GH¢ 1 00,000.

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DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.