- Lagos Files Suit Against National Assembly for Alleged Breach of Lottery Law Judgment
- Lagos argued that the clauses largely mirror the now-nullified National Lottery Act
- The Supreme Court held that regulation of lottery and gaming is beyond the legislative powers
The Lagos State Government has filed a legal motion seeking leave to commence proceedings against the National Assembly, accusing it of breaching a Supreme Court judgment that declared federal legislation on lottery and gaming unconstitutional.
Eko Hot Blog reports that the motion, filed by the Attorney-General and Commissioner for Justice, requests permission to issue Form 48, a legal notice under Nigerian law that precedes contempt or committal proceedings. Failure to comply with the notice may result in imprisonment.
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According to Bode Olanipekun (SAN), Lagos’ counsel, the National Assembly’s ongoing deliberations on the proposed Central Gaming Bill directly contravene the apex court’s ruling in SC.1/2008: Attorney-General of Lagos State & Ors. v. Attorney-General of the Federation & Ors., delivered on 22 November 2024.
The state’s supporting affidavit highlights that several provisions of the bill particularly Clauses 7 and 21–64 address lottery and gaming, despite the Supreme Court ruling that such matters fall outside federal legislative competence.
Lagos argued that the clauses largely mirror the now-nullified National Lottery Act, which the court struck down in 2024. Both the old law and the proposed bill define “lottery” and “online gaming” in similar terms, covering games of chance or skill that require licences to operate.
Clause 62 of the bill, the affidavit states, seeks to preserve actions taken under the voided law, which Lagos describes as a deliberate attempt to undermine the Supreme Court’s authority.
The state further emphasised that since the 2024 ruling, no amendment has been made to the Second Schedule of the 1999 Constitution, which details the Exclusive and Concurrent Legislative Lists, to include lottery or gaming. This reinforces that such matters remain within state jurisdiction.
In its 2024 judgment, the Supreme Court held that regulation of lottery and gaming is beyond the legislative powers of the National Assembly, dismissing claims that federal authority could be implied from trade, commerce, or the electronic and interstate nature of gaming operations.
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