National Lottery Act: Null and Void*: Supreme Court Delivers Unanimous Decision, Limits Act's Jurisdiction to FCT
In a unanimous judgment delivered by Justice Mohammed Idris on behalf of a seven-member panel of the apex court, the court ruled that the National Assembly does not have the authority to legislate on matters related to lottery and games of chance. It held that such powers are exclusively vested in state Houses of Assembly, which have sole jurisdiction over these matters.
Justice Idris further directed that the National Lottery Act of 2005 should no longer be enforced in any state except the Federal Capital Territory (FCT), where the National Assembly is constitutionally empowered to make laws.
The case originated from a suit filed in 2008 by the Attorney General of Lagos State against the Federal Government, challenging the authority to regulate and control the gaming and lottery sector. Ekiti State was later added as a co-plaintiff following a court order on October 6, 2020. Subsequently, on November 15, 2022, the Supreme Court joined the attorneys general of 34 additional states as defendants.
The plaintiffs sought a declaration from the apex court that lottery regulation does not fall under the 68 items listed in Part I of the Second Schedule to the 1999 Constitution (as amended), for which the National Assembly has exclusive legislative authority. They also requested a ruling that the National Assembly lacks the legal and constitutional power to enact any law regulating or controlling lottery operations in Nigeria.
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