States Possess Sole Authority To Control Gaming, Lottery – Supreme Court

The Supreme Court has nullified the National Lottery Act 2005 enacted by the National Assembly.

In a unanimous judgment on Friday, a seven-member 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 games of chance.

In the lead judgment by Justice Mohammed Idris, ordered that the National Lottery Act 2005 should no longer be enforced in all states, except the Federal Capital Territory (FCT), in respect of which the National Assembly is empowered to make laws.

The judgment was on the suit filed in 2008 by Lagos and some other states.

The Nation

In a case where I am privileged to represent one of the states, the Supreme Court just delivered a far reaching decision regarding the dispute between the federal government and the state governments over who has the authority to legislate and control lottery businesses. The Court ruled in favor of the state governments, declaring the National Lottery Act unconstitutional and affirming that legislative competence resides within the states. This means the lottery commission and the lottery trust fund are gone.

Baba Dala SAN