…urges Lawmakers not to defy Supreme Court ruling
By Sodiq Adelakun
The Lagos State Government has cautioned the National Assembly against proceeding with the proposed Central Gaming Bill, describing it as unconstitutional and a direct defiance of a binding Supreme Court judgment.
Addressing journalists at the Lagos State Government Secretariat, Alausa, on Wednesday, the Attorney-General and Commissioner for Justice, Mr Lawal Pedro (SAN), said the Bill, now before the Senate for concurrence, represents a “voyage of unconstitutionality” capable of plunging the country into a constitutional crisis.
“The Bill before the Senate for concurrence is a voyage of unconstitutionality. It is in total defiance of a Supreme Court judgment that permanently settled this matter,” Pedro declared.
The 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,” seeks to centralise the regulation of gaming, betting, and lotteries nationwide.
However, Pedro told lawmakers that the Supreme Court had already ruled on the matter in Suit No. SC/1/2008 – AG Lagos & 22 Ors v. AG Fed & Ors, where it held that lotteries, betting, and gaming fall within the legislative competence of states, not the Federal Government.
Quoting the judgment delivered on 13th October 2024, the Lagos Attorney-General stated: “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.”
Pedro also cited specific portions of the judgment where the Supreme Court ruled that the National Lottery Act of 2005 was enacted ultra vires the powers of the National Assembly, declaring it unconstitutional and nullifying it in its entirety.
He stressed that any attempt to reintroduce similar legislation under a new name, such as the proposed Central Gaming Bill, would amount to “legislating in defiance of a binding Supreme Court decision, the highest expression of contempt of court.”
“Once the Supreme Court has made a decision on a subject, particularly under the Constitution, it becomes final and binding on all persons and authorities in Nigeria, including the Executive and the Legislature,” Pedro said.
Pedro explained that the Supreme Court’s ruling had permanently restrained the Federal Government and its agencies from regulating lotteries and gaming within the states, describing the matter as “forever settled” unless the Constitution itself is amended.
He added, “Some proponents of the Bill argue that it only targets online gaming, but my question to them is, does ‘online’ mean ‘federal’? Whether a lottery ticket is sold physically or via mobile phone, the activity remains.”
