OHENE vs. PRINCIPAL SECRETARY, MINISTRY OF FINANCE

The plaintiff by his writ of summons claims a declaration that a society operating under section 9 (1) and (2) of the Lotteries and Betting Act, 1960 (Act 31), does not require the permission of the Ministry of Finance to operate a lottery. He claims in the alternative that the withdrawal of the society’s licence to operate a lottery under section 9 (1) and (2) of the Act is invalid as being contrary to article 173 of the Constitution 1969. The claims are being made against the Principal Secretary, Ministry of Finance. At the outset a preliminary point of practice and procedure has to be settled, and it is whether or not a principal secretary of a Ministry or more specifically, the Principal Secretary of the Ministry of Finance is a proper party to the suit. Section 10 (2) of the State Proceedings Act, 1961 (Act 51), provides that: “Civil proceedings against the Republic may be instituted against the Attorney-General, or any officer authorised in that behalf by him, or any offic...