Supreme Court Nullifies National Lottery Act

In a unanimous decision by a seven-member panel, delivered by Justice Mohammed Idris, the Court ruled that the National Assembly does not have the constitutional authority to legislate on matters related to lotteries and games of chance.

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The Court held that such powers rest solely with the state Houses of Assembly, which have exclusive jurisdiction over lottery and gaming activities.

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Justice Idris further ordered that the National Lottery Act 2005 should no longer be applied in any state, with the exception of the Federal Capital Territory (FCT), where the National Assembly retains authority to make laws.

The case, originally filed in 2008 by the Attorney General of Lagos State against the Federal Government, centered on the question of who has the legal authority to regulate the lottery and gaming sector in Nigeria.

Ekiti State was later joined as a co-plaintiff following a court order on October 6, 2020. On November 15, 2022, the Supreme Court also added attorneys general from 34 other states as defendants in the matter.

The plaintiffs sought a declaration from the Court that lotteries are not among the 68 items listed in Part 1 of the Second Schedule of the 1999 Constitution, which grants the National Assembly exclusive lawmaking powers.

They also requested a ruling affirming that the National Assembly does not have the constitutional mandate to regulate or control the operation of lotteries in the country.