PREMIUM TIMES reported in November 2024 that a seven-member panel of the Supreme Court led by Uwani Abba-Aji unanimously voided the National Lottery Act 2005.
The Lagos State Government has asked the Supreme Court for leave to commence contempt proceedings against the National Assembly over its continued push to pass the Central Gaming Bill, despite a subsisting judgement of the Supreme Court declaring such legislation unconstitutional.
In a motion filed on behalf of the Lagos Attorney-General by Bode Olanipekun, a Senior Advocate of Nigeria (SAN), the state is seeking permission to begin judgement enforcement proceedings through the issuance of Form 48, the statutory notice served on a person or institution alleged to be in disobedience of a court order.
Under Nigerian law, Form 48 serves as a formal warning to purge contempt, failing which committal proceedings may follow.
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Lagos' grievance
According to the affidavit supporting the motion, the state argued that the National Assembly's ongoing legislative work on the Central Gaming Bill violates the Supreme Court's judgement in "SC.1/2008 - Attorney-General of Lagos State & Ors. v. Attorney-General of the Federation & Ors., delivered on 22 November 2024."
The state said clauses 7 and 21-64 of the proposed Bill focus entirely on lottery and gaming -- subjects the Supreme Court had expressly ruled fall outside the constitutional competence of the National Assembly.
The Lagos State Government noted that these provisions largely reproduce those in the National Lottery Act, which the Supreme Court voided in its 2024 judgement.
The affidavit added that the nullified National Lottery Act and the new Central Gaming Bill define "lottery" and "online gaming" in identical terms, covering any game, scheme, system, or promotional competition based on chance, or skill and chance, requiring a licence to operate.
The state further pointed out that Clause 62 of the Bill introduces "savings provisions" intended to preserve actions taken under the now-void National Lottery Act, describing this as a direct challenge to the authority of the Supreme Court.
The state maintained that since the 2024 judgement, the Exclusive and Concurrent Legislative Lists under the 1999 Constitution (as amended) have not been altered to include lottery or gaming.
It argued that this reinforces the court's position that the National Assembly lacks power to legislate on the sector.
What the Supreme Court said in 2024
PREMIUM TIMES reported in November 2024 that a seven-member panel of the Supreme Court led by Uwani Abba-Aji unanimously voided the National Lottery Act 2005.
Delivering the lead judgement, Mohammed Idris held that the National Assembly lacks constitutional powers to legislate on lottery and games of chance for states.
The court ruled that the Act could apply only in the Federal Capital Territory, Abuja, since the National Assembly has full legislative competence over the FCT.
The judgement arose from a suit Lagos State filed in 2008 against the federal government.
The panel, comprising Mr Abba-Aji, Mr Idris, Mohammed Garba, Emmanuel Agim, Simon Tsammani, Stephen Adah and Jamilu Tukur, agreed that lottery is not listed on the Exclusive Legislative List or the Concurrent List. As such, it falls under the Residual List, giving state Houses of Assembly exclusive powers to regulate the sector.
The court rejected arguments that the National Assembly's authority flowed from Item 62 of the Exclusive Legislative List on "trade and commerce" or from the electronic and interstate nature of gaming activity.
It declared sections 17-21 of the National Lottery Act inconsistent with the constitution and nullified the entire law.
The court also issued two perpetual injunctions restraining the Attorney-General of the Federation (AGF), his agents, and federal agencies from implementing or enforcing the National Lottery Act within the states.
How the dispute developed
The dispute over who regulates gaming and lottery had produced conflicting decisions in lower courts.
In July 2023, a judge, Iniekenimi Oweibo, of the Federal High Court ruled in favour of the federal government, holding that lottery was on the Exclusive Legislative List.
But months later, the Lagos State High Court held that lottery and one-chance betting were residual matters under state jurisdiction.
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Meanwhile, Lagos State's suit at the Supreme Court later joined by Ekiti State continued.
By 2022, 34 other states had joined as defendants. The plaintiffs asked the Supreme Court to declare that the National Assembly lacked power to regulate lottery outside the FCT and that the National Lottery Act was unconstitutional.
On 6 October 2020, the Supreme Court allowed Ekiti State to join, although the state later withdrew its application. The court finally ruled in 2024 in Lagos' favour, granting all its prayers and placing lottery regulation firmly under state authority.
Next steps
By returning to the Supreme Court, Lagos State is now seeking to enforce this landmark ruling through contempt proceedings, a move that could set a major precedent on federal-state relations, legislative limits, and the supremacy of judicial authority in Nigeria's constitutional order.
It remains unclear how the National Assembly will respond to the latest move by the Lagos government.
