FG loses as Supreme Court nullifies National Lottery Act
The Supreme Court has declared null and void the National Lottery Act of 2005 and has struck down the National Assembly’s power to legislate on lotteries.
The court’s decision, on Friday, was made unanimously by a seven-member panel of Justices on the basis that the National Assembly lacks the constitutional power to make laws related to lotteries and games of chance.
According to the court’s ruling, the power to legislate on lotteries and games of chance lies solely with the state Houses of Assembly, except in the Federal Capital Territory, where the National Assembly retains legislative authority.
The lead judgment by Justice Mohammed Idris directed that the National Lottery Act 2005 should no longer be enforced in all the states except the FCT, where the National Assembly has the authority to enact legislation.
The apex court ruling comes after the Lagos government in 2008 filed a suit against the federal government regarding who controls and regulates the gaming and lottery sector.
Other states also challenged the federal government’s authority to regulate lotteries and games of chance nationwide.
The plaintiffs had petitioned the Supreme Court to determine that the lottery is not one of the 68 items for which the National Assembly has exclusive authority to enact legislation under Part 1 of the Second Schedule of the 1999 Constitution, as amended.
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