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Lottery Regulation feud: Supreme Court to hear suit 15 years after

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The Supreme Court on Monday fixed March 13, 2024, to hear a suit filed in 2008, by the Attorney General of Lagos State against the Federal Government in respect of who controls and regulates the gaming and lottery sector.

A seven-man panel justices of the Supreme Court led by Justice Kudirat Kekere-Ekun, fixed the date at a resumed sitting on Monday.

The Attorney General of the Federation is the first defendant while the National Assembly is second defendant, the Attorneys General of 34 other States, were joined as defendants by the Supreme Court on November 15, 2022.

Meanwhile, the apex court panel unanimously deemed all the processes filed out of time by the defendants as duly and properly filed, having been regularised.

Ekiti state was joined as co-Plaintiff in the suit following an order of the court made on October 6, 2020. The application by the Attorney General of Oyo state to join as co- Plaintiff having been withdrawn, was struck out by panel.

Bode Olanipekun SAN, announced appearance for Lagos State Government while Adetunji Osho appeared for Ekiti state.

The Federal Government was represented by Innocent Daa’gba, while Ifeanyi Mrialike represented the National Assembly.

The Attorneys General of the 33 States were duly represented and announced appearances.

However, there was no legal representation for Kwara state despite being served with a hearing notice.

The Supreme Court ordered Jigawa and Kaduna State Governments to put their houses in order by resolving the issue of legal representation before the next hearing date.

Kekere-Ekun advised that all the state governments that are on one side in accordance with their respective interests should present a common argument in order to save the time of the court on the hearing date.

Speaking to judiciary correspondents at the Supreme Court, Innocent Daagba, said he had filed processes and submissions of the Federal Government since 2020, adding that the processes have been regularised by the court, which clears the coast for hearing of the matter.

Recall that on Aug.15, 2022, the Federal Government (the Nigerian Lottery Regulation commission and the Nigerian Lottery Trust fund) had won the case against Lagos and other States, on the issue of multiple regulation in the gaming sector.

The Bookmakers association of Nigeria had initiated the lawsuit to determine the legitimate regulators of gaming businesses because they complained about paying multiple taxes and licensing fees to States and the Federal Government.

In the Suit NO: FHC/L/CS/15992020, filed before Hon. Justice I.N Oweibo of the Lagos High Court, the Judge declared that the federal government should be the sole regulator of gaming business in the country as the constitution is clear on the position of lottery in the exclusive list and the National Assembly can legislate on lottery matters.

Despite the judgement, there is still not an end to the back and forth bickering between the bookmakers and State Governments on multiple taxation and regulation.

On July 19, 2023, Justice Iniekenimi Oweibo of the Federal High Court (FHC) in Lagos State ruled that the Federal Government, through the National Assembly, had the exclusive right to legislate and control lottery activities in the country.

Few months after the FHC judgement, a Lagos State High Court delivered another judgement holding that matters pertaining to lottery and one-chance betting were subjects under the residual list in the constitution. By this, the judge held that Lagos State had the right to regulate the sector.

However, by a further amended originating summons marked SC/1/2008, the Plaintiffs want the apex court to declare “that lottery is not one of the 68 items in respect of which the National Assembly has the Exclusive vires to make laws under Part 1 of the Second Schedule of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

They are seeking a declaration that having regard to the clear provisions of Section 4(2) and (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the National Assembly lacks the vires to legally and constitutionally make any Law to regulate and control the operation of lottery in Nigeria

Crime

Mother of five jailed for forging late Abba Kyari’s signature

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The Federal Capital Territory High Court sitting in Gwagwalada, Abuja, has sentenced a mother of five, Ramat Mba, to one year imprisonment for her involvement in an employment scam.

Mba also forged the signature of the late Abba Kyari, the Chief of Staff to the former President, Muhammadu Buhari.

The presiding judge, Honourable Justice Ibrahim Muhammad, had last week deferred the sentencing of the convict till Thursday but directed that she should be remanded in Suleja Correctional Centre.

The Independent Corrupt Practices and Other Related Offences Commission had arraigned Mba in June 2022 on a 5-count bordering on cheating, fraud and forgery, contrary to Section 13 of the Corrupt Practices and Other Related Offences Act 2000 and Sections 320(b), 366 of the Penal Code Cap 89 laws of Northern Nigeria.

n the course of the trial, the commission, through its prosecutor, Hamza Sani, had led Mba in evidence before the court on how the convict committed the offence sometime in 2020 when she collected N4.5 million from several job seekers, promising to secure jobs for them with the ICPC and National Air Space Research and Development Agency (NASRDA).

Also, the documentary evidence tendered showed that the convict fraudulently forged the letterhead of the Office of the Chief of Staff to former President Buhari and his signature.

The letter, addressed to the ICPC Chairman, was a request for the recruitment of three individuals by the commission.

However, the late CoS, in a written correspondence that was also tendered in court as an exhibit, distanced himself or his office from authorising the letter.

The spokesperson for the ICPC, Demola Bakare, revealed the development in a statement on Friday.

Bakare revealed, “The trial judge, Justice Muhammad, in his judgment on May 9, 2024, convicted the mother of five children on counts 1, 2, 3 and 5 that border on cheating and forgery, while she was discharged on count 4 which borders on felony.

“Justice Muhammad, during the sentencing on Thursday, pronounced a six-month jail term or N100,000 option of fine on counts 1, 2 and 3 on the convict.

“The presiding judge, who stressed the status of the convict as a first-time offender and a mother, also sentenced her to one-year imprisonment or N150,000 option on fine on count 5 which borders on forgery.”

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Crime

15 worshippers die in Kano mosque attack — Police

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The Kano State Police Command on Friday confirmed the death of 15 persons in the mosque attack in Gadan village in Gezawa Local Government Area of the state.

A man on Wednesday allegedly sprayed the mosque with petrol, locked its doors, and set it on fire, trapping worshippers.

The state Commissioner of Police, Usaini Gumel, told the News Agency of Nigeria in a telephone interview that so far, 15 out of the 24 victims of the incident died.

Initial reports said one worshipper had died from the attack but the death toll later rose after more victims died while receiving treatment at the Murtala Muhammad Specialist Hospital in Kano.

Gumel said that the incident occurred during a dawn prayer at a mosque in Gadan village, leaving 24 worshippers injured.

He said the injured victims were currently receiving treatment at the Murtala Mohammed Specialist Hospital, Kano.

The suspect, Shafi’u Abubakar, 38 is currently in police custody.

The motive behind the attack was believed to be a family conflict over the sharing of family inheritance.

The commissioner said that the police are continuing with their investigation into the attack.

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Buying pre-registered SIM cards criminal, NCC warns

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The Nigerian Communications Commission has warned Nigerians against buying pre-registered SIM cards, citing the illegal nature of the practice, and could attract severe consequences.

In an advisory note sighted on its X platform on Friday, the telecom regulator emphasized that the use of pre-registered SIM cards compromises the accuracy of consumer information.

“Buying pre-registered SIM cards is criminal and may lead to imprisonment, implication in identity theft, financial fraud, kidnapping and armed robbery,” part of the advisory noted.

The NCC explained that using a pre-registered SIM card undermined the reliability of data collected on consumers, making it challenging for authorities to identify and apprehend the actual perpetrators of crimes.

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The warning aims to educate the public on the risks associated with pre-registered SIM cards and encourage compliance with legal guidelines to enhance national security.

The commission urged to follow the proper procedures for registering SIM cards to avoid any legal consequence.

The NCC made the linkage compulsory, directing all telecommunications operators to enforce complete network barring on all phone lines for which subscribers fail to link their SIM cards to their NINs.

There have been two phases of barring SIM cards not linked to NIN by the telcos – the first occurred on February 28 and the second one occurred on March 29.

The regulator, however, has extended the deadline for linking SIM cards to NIN (last phase) to July 31, 2024, from April 15. This extension applies to subscribers with more than four SIMs.

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