LOTTERY: Nigeria’s National Assembly can’t legislate on games of chance – Supreme Court
The Supreme Court of Nigeria has declared null and void the National Lottery Act of 2005 and has struck down the National Assembly’s power to legislate on lotteries.
The court’s decision, on Friday, was made unanimously by a seven-member panel of Justices on the basis that the National Assembly lacks the constitutional power to make laws related to lotteries and games of chance.
According to the court’s ruling, the power to legislate on lotteries and games of chance lies solely with the state Houses of Assembly, except in the Federal Capital Territory, where the National Assembly retains legislative authority.
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The lead judgment by Justice Mohammed Idris directed that the National Lottery Act 2005 should no longer be enforced in all the states except the FCT, where the National Assembly has the authority to enact legislation.
The apex court ruling comes after the Lagos government in 2008 filed a suit against the federal government regarding who controls and regulates the gaming and lottery sector.
Other states also challenged the federal government’s authority to regulate lotteries and games of chance nationwide.
The plaintiffs had petitioned the Supreme Court to determine that the lottery is not one of the 68 items for which the National Assembly has exclusive authority to enact legislation under Part 1 of the Second Schedule of the 1999 Constitution, as amended.
This ruling has profound implications for how lotteries and other forms of gambling are regulated across Nigeria. With this decision, states retain exclusive rights to create and enforce laws governing games of chance within their territories. Consequently, it may lead to a more fragmented regulatory landscape where different states implement varying regulations regarding lotteries and gambling activities.
Additionally, this ruling could impact revenue generation for both state and local governments, as they may now have greater control over lottery operations and associated taxation. It also raises questions about existing federal regulations that might conflict with state laws post-ruling.
The Supreme Court’s decision underscores a critical aspect of Nigeria’s federal structure, reaffirming that matters related to games of chance are primarily within state jurisdiction. This ruling not only clarifies legislative boundaries but also sets a precedent for future cases involving similar issues.
