The Supreme Court on Friday nullified the National Lottery Act 2005 enacted by the National Assembly on the grounds that it was made in violation of the powers donated by the Constitution to the federal Legislature.
In a unanimous judgment, a seven-member panel of the apex court, held that the National Assembly lacked the powers to legislate on issues relating to lottery and games of chance.
The court held that such powers only reside with the state Houses of Assembly, which possess exclusive jurisdiction over lottery and related issues.
In the lead judgment, Justice Mohammed Idris resolved the two issues identified for determination against the Attorney General of the Federation (AGF) and one other, listed as defendants.
He granted all the reliefs sought by the plaintiffs. The judgment was on the suit, marked: SC/1/2008 filed by Lagos and some other states.
Justice Idris ordered the the National Lottery Act 2005 should no longer applied in all states, except the Federal Capital Territory (FCT), in respect of which the National Assembly is empowered to make laws.
He declared that lottery or games of chance is not one of the items on the Exclusive Legislative List contained in the Constitution in respect of which the National Assembly has the powers to make laws for the whole of the country.
The judge also declared that having regard to the clear provisions of Section 4(2) & (3) of the Constitution, the National Assembly lacks the powers make any legislation for the control and regulation of lottery in Nigeria.
He equally declared that having regard to the provisions of Section 4(4)(a) & (b) and Part 2 of the Second Schedule of the Constitution, matters relating to lottery are not issues on which the National Assembly and state Houses of Assembly have concurrent powers to make laws.
Justice Idris also declared that having regard to 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 powers, to the exclusion of the National Assembly, to make laws for the regulation and control of lottery within their states.
He further declared that having regards to the provisions of sections 4(4)(b), 7(a) and 39, 29(9)(a) of the Constitution, the power of the National Assembly to make laws for the regulation and control of lottery is limited by the Constitution.
The judge also declared that sections 17, 18, 19 and 20 and 21 of the National Lottery Act 2005 made by the National Assembly are inconsistent with the Constitution, adding that the National Lottery Act is inconsistent with the provisions of the 1999 Constitution.
He proceeded to issue that an order is made nullifying the entirety of the National Lottery Act.
Justice Idris also issued an order of perpetual injunction restraining the first defendant (AGF), either by himself or 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, its agents or agencies of the the Federal Government from continuing to implement of enforce the provisions of the National Lottery Act within the territories of the plaintiff states
The judge made no orders to cost.
Other members of the panel – Justice Uwani Abba-Aji (who presided), Justices Mohammed Lawal Garba, Emmanuel Agim, Simon Tsammani, Stephen Adah and Jamilu Tukur agreed with the lead judgment.
The suit was filed in 2008 by the Attorney General of Lagos State against the Federal Government in respect of who controls and regulates the gaming and lottery sector.
Ekiti State was joined as co-plaintiff in the suit following an order of the court made on October 6, 2020.
Subsequently, attorneys general of 34 other states were joined as defendants by the Supreme Court on November 15, 2022.
The plaintiffs had asked the apex court to declare that the lottery is not one of the 68 items for which the National Assembly has the exclusive vires to make laws under Part 1 of the Second Schedule of the 1999 Constitution as amended.
They also sought a declaration that the National Assembly lacks the vires to legally and constitutionally make any law to regulate and control the operation of lottery in Nigeria.
