•Says states have the right to regulate lotteries and games of chance

ABUJA—The Supreme Court, on Friday, nullified the National Lottery Act enacted in 2005 by the National Assembly. The apex court, in a unanimous decision by a seven-member panel of justices, held that the National Assembly lacked the power to legislate on issues related to lotteries and games of chance.

According to the court, such powers reside exclusively with the Houses of Assembly of the states of the federation, which have jurisdiction over matters pertaining to lotteries.

Consequently, the court, in its lead judgment delivered by Justice Mohammed Idris, ordered that the National Lottery Act 2005 should no longer be enforced in all states, except for the Federal Capital Territory (FCT), for which the National Assembly has the authority to legislate.

The Supreme Court’s judgment followed a suit filed in 2008 by Lagos and other states that challenged the legal right of the Federal Government to regulate lotteries and games of chance across the country. While granting all the reliefs sought by the plaintiffs in the suit marked SC/1/2008, the apex court declared that lotteries and games of chance were not among the items on the Exclusive Legislative List contained in the Constitution, for which the National Assembly has the power to make laws for the entire country.

It declared that, in light of the clear provisions of Section 4(2) & (3) of the 1999 Constitution, as amended, the National Assembly lacked the authority to legislate on the control and regulation of lotteries in Nigeria. Justice Idris held that, according to the provisions of Section 4(4)(a) & (b) and Part 2 of the Second Schedule to the Constitution, matters relating to lotteries are not issues on which the National Assembly and State Houses of Assembly have concurrent powers to make laws.

He further held that, based on 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 exclusive power, to the exclusion of the National Assembly, to make laws for the regulation and control of lotteries within their states.

The apex court declared that in accordance with the provisions of Sections 4(4)(b), 7(a), and 39, and 29(9)(a) of the Constitution, the power of the National Assembly to make laws for the regulation and control of lotteries is limited by the Constitution. It also declared that Sections 17, 18, 19, 20, and 21 of the National Lottery Act 2005, enacted by the National Assembly, were inconsistent with the Constitution, adding that the National Lottery Act was incompatible with the provisions of the 1999 Constitution. Consequently, it nullified the National Lottery Act in its entirety.

Additionally, Justice Idris issued an order of perpetual injunction restraining the Attorney General of the Federation (AGF), who was cited as the first defendant, either by himself or through his agents or any other agency of the Federal Government, from implementing the provisions of the National Lottery Act within the territories of the plaintiff states. He further issued an order of perpetual injunction restraining the first defendant, his agents, or agencies of the Federal Government from continuing to implement or enforce the provisions of the National Lottery Act within the territories of the plaintiff states.

Other members of the apex court panel who concurred with the lead judgment on Friday were Justices Uwani Abba-Aji, Mohammed Lawal Garba, Emmanuel Agim, Simon Tsammani, Stephen Adah, and Jamilu Tukur.