In a landmark decision, the Supreme Court of Nigeria has nullified the National Lottery Act 2005, declaring it unconstitutional.
The apex court ruled that the National Assembly lacks the authority to legislate on matters relating to lotteries and games of chance, which fall exclusively under the jurisdiction of state Houses of Assembly.
Delivering the unanimous judgment on behalf of the seven-member panel, Justice Mohammed Idris stated that the National Lottery Act 2005 could no longer be enforced in any state except the Federal Capital Territory (FCT), where the National Assembly retains legislative powers.
The judgment stems from a legal dispute initiated in 2008 by the Attorney General of Lagos State, who challenged the Federal Government's authority to regulate the gaming and lottery sector.
Ekiti State joined as a co-plaintiff following a court order in 2020, while the attorneys general of 34 other states were later added as defendants in November 2022.
The plaintiffs argued that the lottery is not included in the 68 items listed in Part 1 of the Second Schedule of the 1999 Constitution, which grants the National Assembly exclusive legislative powers.
They sought a declaration that only state legislatures possess the constitutional authority to regulate and control lotteries within their jurisdictions.
In its judgment, the Supreme Court upheld this position, emphasizing the constitutional delineation of powers between the federal and state governments.
“The National Assembly lacks the vires to make laws regulating lotteries and games of chance in the states.
“Such powers reside solely with the state Houses of Assembly,” Justice Idris affirmed.
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