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By Samaila Emmanuel Bzugu
In a landmark decision, the Supreme Court of Nigeria has nullified the National Lottery Act of 2005, ruling that the National Assembly did not possess the authority to legislate on matters concerning lottery and games of chance. The unanimous judgment from the seven-member panel, delivered by Justice Mohammed Idris, asserted that the exclusive jurisdiction over these matters resides with state Houses of Assembly.
The National Lottery Act, which was intended to regulate the gaming and lottery sector, is hereby invalid in all states of Nigeria, with the exception of the Federal Capital Territory (FCT), where the National Assembly does have the power to legislate
The court’s ruling mandates that the National Lottery Act, which was intended to regulate the gaming and lottery sector, is hereby invalid in all states of Nigeria, with the exception of the Federal Capital Territory (FCT), where the National Assembly does have the power to legislate.
This significant verdict stems from a lawsuit initially filed in 2008 by the Attorney General of Lagos State, who contended that the Federal Government overstepped its boundaries by asserting control over lottery operations. Ekiti State was subsequently added as a co-plaintiff, and the ongoing legal battle escalated as attorneys general from 34 other states were incorporated as defendants following a court order in November 2022.
The core argument presented by the plaintiffs centered on the claim that lottery regulation does not fall within the 68 subjects allocated to the National Assembly under Part 1 of the Second Schedule of the 1999 Constitution, as amended. The plaintiffs further insisted that the National Assembly lacks both the legal and constitutional authority to govern or regulate lottery operations throughout Nigeria.
The ruling could have substantial implications for how lotteries are conducted across Nigeria, as state governments will now have the power to legislate and enforce local gaming regulations without federal interference
Justice Idris emphasized the importance of state governance in this sector, highlighting that local legislatures are better positioned to understand and address the unique needs and circumstances surrounding lotteries and gaming particular to their jurisdictions.
The ruling could have substantial implications for how lotteries are conducted across Nigeria, as state governments will now have the power to legislate and enforce local gaming regulations without federal interference.
As the dust settles on this pivotal case, stakeholders in the gaming and lottery sector are left to navigate a new legal landscape, while state governments prepare to assert their authority in an area previously dominated by federal oversight. The Supreme Court’s ruling is poised to reshape the regulatory framework for lotteries and games of chance in Nigeria, setting a precedent for future legislative matters concerning regional governance and authority.
