The Supreme Court has declared the National Lottery Act 2005, passed by the National Assembly, as null and void.
In a unanimous ruling delivered by Justice Mohammed Idris on behalf of a seven-member panel, the Supreme Court held that the National Assembly does not have the authority to legislate on matters concerning lotteries 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.
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 suit was originally filed in 2008 by the Attorney General of Lagos State against the Federal Government over the regulation and control of the gaming and lottery sector.
On October 6, 2020, Ekiti State was added as a co-plaintiff by a court order.
Later, on November 15, 2022, the Supreme Court joined the attorneys general of 34 other states as defendants.
The plaintiffs sought a declaration from the Supreme Court that lottery is not one of the 68 matters for which the National Assembly holds exclusive law-making power under Part 1 of the Second Schedule of the 1999 Constitution, as amended.
They also sought a declaration that the National Assembly lacks the vires to legally and constitutionally make any law to regulate and control the operation of lottery in Nigeria.
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