Toba Owojaiye reporting
Abuja, Nigeria
The Supreme Court of Nigeria has nullified the National Lottery Act, 2005, declaring it unconstitutional for the National Assembly to legislate on lotteries and games of chance in states across the country.
Delivering its verdict on Friday, the apex court ruled unanimously that such legislative authority belongs exclusively to state Houses of Assembly. The judgment was issued in a suit filed in 2008 by Lagos State and other states, challenging the federal government’s regulation of lottery activities nationwide.
Truth Live News gathered that that, Justice Mohammed Idris, while delivering the lead judgment, stated that the National Assembly lacks constitutional powers to legislate on lottery and games of chance, except within the Federal Capital Territory (FCT). Consequently, the National Lottery Act will no longer be enforced in any state outside the FCT.
The court highlighted provisions of the 1999 Constitution, particularly Section 4 and related schedules, which vest such legislative authority solely in state governments. Justice Idris also declared specific sections of the National Lottery Act inconsistent with the Constitution and nullified the entire legislation.
The seven-member panel, presided over by Justice Uwani Abba-Aji, included Justices Mohammed Garba, Emmanuel Agim, Simon Tsammani, Stephen Adah, and Jamilu Tukur. The court granted all reliefs sought by the plaintiffs, emphasizing that state Houses of Assembly hold exclusive powers to regulate and control lottery activities within their territories.
This ruling brings to the fore the importance of federalism in Nigeria, reaffirming the constitutional autonomy of states over certain matters. It also restricts the National Assembly’s authority to legislate only where explicitly permitted by the Constitution.
With this landmark decision, states now have the sole authority to regulate lottery activities within their jurisdictions, marking a significant victory for subnational governments in Nigeria’s ongoing federalism debate.