19 hours ago
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In a landmark judgment, the Supreme Court of Nigeria on Friday nullified the National Lottery Act 2005, declaring that the National Assembly lacks the powers to legislate on issues relating to lottery and games of chance.
According to Justice Mohammed Idris, who read the unanimous judgment of the seven-member apex court, the powers to regulate lottery and games of chance reside exclusively with the state Houses of Assembly.
This judgment effectively renders the National Lottery Act 2005 inoperative in all states, except the Federal Capital Territory (FCT), where the National Assembly has the power to make laws.
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The lawsuit, which was filed in 2008 by the Attorney General of Lagos State against the Federal Government, sought to clarify who controls and regulates the gaming and lottery sector in Nigeria. Ekiti State later joined the suit as a co-plaintiff, while the attorneys general of 34 other states were joined as defendants by the Supreme Court in 2022.
The plaintiffs argued that lottery is not one of the 68 items listed in the 1999 Constitution, which grants the National Assembly exclusive powers to make laws. They also sought a declaration that the National Assembly lacks the constitutional powers to regulate and control the operation of lottery in Nigeria.
This judgment has significant implications for the gaming and lottery industry in Nigeria, as it effectively returns regulatory powers to the state governments. It also underscores the importance of constitutional limits on legislative powers and the need for clarity in the allocation of powers between the federal and state governments.
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