The Supreme Court on Friday annulled the National Lottery Act of 2005, which was enacted by the National Assembly, ruling that the legislation was made in violation of the powers granted to the federal legislature by the Constitution.
In a unanimous judgment, a seven-member panel of the apex court held that the National Assembly lacked the constitutional authority to legislate on matters concerning lotteries and games of chance. The court ruled that such powers rest exclusively with the state Houses of Assembly, which have jurisdiction over lottery-related issues within their territories.
Delivering the lead judgment, Justice Mohammed Idris addressed two key issues raised in the case, ruling in favor of the plaintiffs, which included Lagos State and other states that had joined the suit. The case, marked SC/1/2008, was filed by Lagos State and other plaintiffs against the Attorney General of the Federation (AGF) and other defendants.
Justice Idris granted all the reliefs sought by the plaintiffs, declaring that the National Lottery Act 2005 should no longer apply in any state, except for the Federal Capital Territory (FCT), where the National Assembly has legislative authority. The judge further ruled that lotteries and games of chance are not included in the Exclusive Legislative List, and therefore, the National Assembly does not have the power to legislate on such matters nationwide.
The court also found that under Sections 4(2) and 4(3) of the Constitution, the National Assembly does not have the authority to legislate on the regulation and control of lotteries. Additionally, the judge declared that the Constitution does not grant concurrent powers to the National Assembly and state Houses of Assembly on lottery-related matters, as set out in Section 4(4)(a) and (b) and Part 2 of the Second Schedule.
Justice Idris affirmed that the Houses of Assembly of Lagos State and other states have exclusive power to regulate and control lotteries within their jurisdictions, under Section 4(7)(a) and (c) of the Constitution. He also emphasized that the National Assembly’s power to legislate on lottery matters is limited by the Constitution, citing sections 4(4)(b), 7(a), 39, and 29(9)(a).
In addition, Justice Idris declared that Sections 17, 18, 19, 20, and 21 of the National Lottery Act 2005 were inconsistent with the Constitution. As a result, he ordered the entire Act to be nullified. The court further issued a perpetual injunction, restraining the AGF, its agents, or any federal agency from implementing the provisions of the National Lottery Act within the territories of the plaintiff states.
The judgment was supported by all other members of the panel: Justice Uwani Abba-Aji (who presided), Justices Mohammed Lawal Garba, Emmanuel Agim, Simon Tsammani, Stephen Adah, and Jamilu Tukur.
The case, initially filed in 2008 by the Attorney General of Lagos State against the Federal Government, sought a declaration on the control and regulation of the gaming and lottery sector. Ekiti State was later joined as a co-plaintiff in 2020, and the attorneys general of 34 other states were added as defendants by the Supreme Court in 2022.
The plaintiffs had requested the court to declare that lottery-related matters were not among the 68 items listed under the Exclusive Legislative List, over which the National Assembly has exclusive lawmaking authority. They also sought a declaration that the National Assembly does not have the constitutional authority to regulate or control the operation of lotteries in Nigeria.
