Supreme Court of Nigeria nullifies national lottery act
*Says law exclusive to State Houses of Assembly
The Supreme Court of Nigeria in Abuja has nullified the National Lottery Act that was enacted in 2005, having been passed by the National Assembly.
The apex court voided the Act, on Friday November 22, 2024, while delivering judgement in a suit filed in 2008 by Lagos and some other states, challenging the powers of the Federal Government to regulate the issue of lottery and games of chance across the country.
A seven-member panel of the apex court, voided the legislation on the grounds that the National Assembly lacked powers to make laws relating to lottery and games of chance.
Justice Mohammed Idris, who delivered the unanimous judgement of the nation’s highest court, specifically held that such powers belonged exclusively to the Houses of Assembly of the States of the federation.
In the lead judgment delivered by Justice Mohammed Idris, the court resolved the two issues, identified for determination, against the Attorney General of the Federation (AGF) and one other, listed as defendants and granted all the reliefs sought by the plaintiffs.
The judgment was on the suit, marked: SC/1/2008 filed by the Lagos State Government and some other states.
Justice Idris ordered that the National Lottery Act 2005 should no longer be applied in all states, except the Federal Capital Territory (FCT), in respect of which the National Assembly is empowered to make laws.
He declared that lottery or games of chance is not one of the items on the Exclusive Legislative List contained in the Constitution in respect of which the National Assembly has the powers to make laws for the whole of the country.
The judge also declared that, having regard to the clear provisions of Section 4(2) & (3) of the Constitution, the National Assembly lacks the powers to make any legislation for the control and regulation of lottery in Nigeria.
He equally declared that, having regard to the provisions of Section 4(4)(a) & (b) and Part 2 of the Second Schedule of the Constitution, matters relating to the lottery are not issues on which the National Assembly and state Houses of Assembly have concurrent powers to make laws.
Justice Idris also declared that, having regard to the provisions of section 4(7)(a) & (c) of the First Schedule to the Constitution the House of Assembly of Lagos State and other states have the powers, to the exclusion of the National Assembly, to make laws for the regulation and control of lottery within their states.
