THE Supreme Court has nullified the National Lottery Act 2005 enacted by the National Assembly.
In a unanimous judgment delivered by a seven-member panel of justices, the apex court, led by Mohammed Idris, ruled that the National Assembly lacked the authority to create laws related to lottery and games of chance.
According to the court, this power exclusively resides with state Houses of Assembly, which have jurisdiction over lotteries and games of chance.
Idris ordered that the National Lottery Act 2005 should no longer be enforced in all states, except for the Federal Capital Territory (FCT), where the National Assembly has the power to make laws.
The Attorney General of Lagos State launched a lawsuit against the Federal Government in 2008 in order to determine who controls and regulates the gaming and lottery industry.
On October 6, 2020, the court issued an order adding Ekiti State as a co-plaintiff in the case.
On November 15, 2022, the Supreme Court then added the attorneys general of 34 additional states as defendants.
In accordance with Part 1 of the Second Schedule of the 1999 Constitution as amended, the plaintiffs had requested that the Supreme Court rule that the lottery was not one of the 68 things for which the National Assembly had the sole authority to enact laws.
They also requested a ruling that the National Assembly was not authorised by the Constitution to enact any legislation governing or controlling the lottery industry in Nigeria.
Former President Olusegun Obasanjo signed the National Lottery Bill into law in March 2005.
The National Lottery Regulatory Commission and the framework for the national lottery’s operation are established by the law.
The commission is in charge of creating the National Lottery Trust Fund and overseeing the lottery industry in Nigeria.
A reporter with the ICIR
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