Lagos govt declares move by NASS to legislate on Gaming as unconstitutional

…Urges lawmakers not to contravene S’Court judgement

IBRAHIM QUADRI

Lagos State Government has faulted the Central Gaming Bill currently before the National Assembly, saying the Supreme Court has delivered a landmark judgement over lotteries, betting, gaming and any other games of chance as residual matters.

Speaking on behalf of the State Government on Wednesday, the State Attorney General and Commissioner for justice, Mr Lawal Pedro (SAN) said the National Assembly could not legislate on the finality of judgments of the Supreme Court.

Pedro in the company of the State Commissioner for Information and Strategy Gbenga Omotoso, Solicitor General and Permanent Secretary, Hamid Oyenuga and MD/CEO Lagos State Lotteries Board, Bashir Are, noted that the only way available to the National Assembly is to amend the constitution.

He, however, cautioned the National Assembly not to truncate the cry being made across the nation for devolution of powers to the sub-national, not for their concentration at the centre.

Pedro said, “I address you today not merely as Attorney General of Lagos and Commissioner for justice but as the representative of government of Lagos State in whom the Supreme Court of Nigeria — our apex court — has, in its wisdom, delivered a landmark judgment and made pronouncements on the appropriate government empowered by the Constitution of Nigeria to make law for regulation of lotteries, gaming, and betting in Nigeria.

“It is therefore with utmost sense of duty, humility, and respect to the legislative arms of the federal government that I speak today on the proposed Central Gaming Bill, currently under consideration by the National Assembly. As the Chief Law Officer of Lagos State, it is both my constitutional duty and responsibility to draw the nation’s attention to the voyage of unconstitutionality embarked upon by the National Assembly to enact Act to Regulate the Operation and Business of All Forms of Online and Remote Gaming Across the Geographical Boundaries of the Federating Units and Beyond the Borders of Nigeria.”

This Bill had earlier been passed by the House of Representatives and is now before the Senate for concurrence and on Wednesday, 8th October 2025, the Senate held a concurring session on a proposed legislation titled: “A Bill for an Act to Repeal the National Lottery Act No. 7 of 2005 and the National Lottery (Amendment) Act No. 6 of 2017, and to Enact the Central Gaming Bill to Regulate the Operation and Business of All Forms of Online and Remote Gaming Across the Geographical Boundaries of the Federating Units and Beyond the Borders of Nigeria, Provide for the Conduct of Gaming in the Federal Capital Territory, and Enhance Revenue Generation for the Federation and for Related Matters.”

The Commissioner recalled that on the 13th October 2024 the Supreme Court had delivered a judgement in the case Suit No. SC/1/2008 – AG LAGOS & 22 ORS V. AG FED & 13 ORS in favour of Lagos State and 22 other State.

Quoting the Supreme Court judgement, Pedro noted: “Lotteries, betting, gaming and any other games of chance are residual matters falling within the exclusive legislative competence of the States, except in the Federal Capital Territory.”

He therefore argued that members of the National Assembly in particular in the House of Representatives that passed the Bill and some members of the Senate who are in support of the Bill might not have read the judgment of the Supreme Court on the subject.

He further quoted in the Supreme Court judgement, “Lottery and gaming activities while generating revenue does not all within the core category of economic activities envisaged by the Constitution under Section 16 (4)(b) and cannot be regulated by the provisions of an Act of the National Assembly.”

At page 66, the Court further held: “…Consequently, the legislative authority of each State House of Assembly encompasses, among other matters, the power to regulate activities such as lotteries and other forms of gaming. I therefore hold that the National Assembly lacks the competence to enact the National Lottery Act 2005, as “lottery” is not included in either the Exclusive or Concurrent Legislative Lists in the Second Schedule of the Nigerian Constitution and as such, the subject matter lies entirely outside the legislative competence of the National Assembly. In the circumstances, the National Lottery Act, 2005 is therefore hereby declared unconstitutional, having been enacted ultra vires the legislative authority of the National Assembly.”

He further argued, “having regard to the clear provisions of Section 4(7)(a) and (c) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (“the 1999 Constitution”), the Lagos State Government (represented by the 1st Plaintiff) and the 2nd – 22nd Plaintiffs’ State, have the power, to the exclusion of the 1st and 2nd Defendants, to make laws to regulate and control the operation of lottery within their States.

“Having regard to the clear provisions of Section 4(4)(b),(7)(a) and Section 299(a) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (“the 1999 Constitution”), the power of the National Assembly to make laws to regulate and control the operations of lottery is limited by the 1999 Constitution to only the Federal Capital Territory.”

He noted, “AN ORDER of perpetual injunction is made restraining the 1st Defendant either by himself, agents, privies, agencies of the Federal Government of Nigeria or Federation of Nigeria, or through anybody acting on their behalf from implementing the provisions of Sections 17, 18, 19, 20 and 21 of the National Lottery Act CAP N145, Laws of the Federation of Nigeria, within the territory of the States of the Plaintiffs.

“AN ORDER of perpetual injunction is made restraining the 1st Defendant either by Himself, agents, privies, agencies of the Federal Government of Nigeria or Federation of Nigeria, or through anybody acting on their behalf from taking any step or actions aimed at enforcing or continuing to enforce any/or all of the National Lottery Act CAP N145, Laws of the Federation of Nigeria, within the territory of the States of the Plaintiffs.

“The Supreme Court, being the apex court of the country possesses by virtue of Sections 6(6)(b), 235 and 287, of the Constitution the exclusive final authority to interpret the constitution and the laws in Nigeria as it affects the rights and obligations of persons and authorities. Therefore once the Supreme Court has made a decision on a subject, particularly under the Constitution of Nigeria it becomes final and binding on all persons and authorities in the Federal Republic of Nigeria — including the Executive and the Legislature.

“The legislature cannot directly overturn a specific Supreme court judgment, though it is conceded it can indirectly nullify its effect but only by changing the underlying law on which the judgment was based to remove the foundation of the judgement. In this case the underlying law is the Constitution of Federal Republic of Nigeria and having not amended the Constitution of Nigeria to include in the exclusive legislative list item such as lottery, gambling and gaming, the Central Gaming Bill as currently constituted directly conflicts and contradicts the provisions of the extant Constitution of Nigeria and a subsisting and binding judgment of the Supreme Court of Nigeria on the subject. Consequently, as at today, the National Assembly can only legislate on lottery, game and gambling for the Federal Capital Territory, Abuja.

He therefore faulted, Sections 17, 18, 19, 20 and 21 of the National Lottery Act N145, Laws of the Federation of Nigeria, made by the National Assembly, are inconsistent with the provisions of the 1999 Constitution.

He disagred on the position of some proponents of the Central Gaming Bill that the Bill is different because it seeks to regulate online lotteries and gaming, Lawal stated, “My question to them is whether, “online” means “federal.” …or Global?”

Lawal submitted, “the argument is constitutionally and legally baseless as the use of technology has not changed the character of the activity. Whether a lottery ticket is sold across a counter or through a mobile phone application, or a game is played on line the essential activity remains the same — a game of chance conducted within the territory of a State.”

“If the National Assembly proceeds with this Bill, the consequences will be grave.

“First, it would amount to legislating in defiance of a binding Supreme Court decision, which is the highest expression of contempt of court

“Second, it would amount to overstepping constitutional boundaries and encroaching upon State powers, contrary to the principle of Federalism which Nigeria operates.

“Third, it will compel the States to return to the Supreme Court on a matter that has already been conclusively decided — a regression that undermines the sanctity of the judicial process and the finality of judgments of the Supreme Court.

“The strength of our democracy lies not in the might of any institution, but in the Rule of Law. Therefore, I on behalf of Lagos State and other States in particular the 22 States who were co- Plaintiffs granted judgment by the Supreme Court in the case under reference, urge the Senate to decline concurrence to the Central Gaming Bill (HB.2062) in the interest of the rule of law, constitutionalism, federalism and national stability. This is not about Lagos State, It is about Nigeria. It is about protecting the integrity of the Supreme Court and preserving the federation as the Constitution envisions it.”