The Supreme Court has nullified the National Lottery Act 2005 enacted by the National Assembly.

 

In a unanimous judgment of a seven-member of the apex court, read by Justice Mohammed Idris, held that the National Assembly lacked the powers to legislate on issues relating to lottery 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.

 

Justice 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.

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The suit was 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.

Ekiti State was joined as co-plaintiff in the suit following an order of the court made on October 6, 2020.

Subsequently, attorneys general of 34 other states were joined as defendants by the Supreme Court on November 15, 2022.

 

The plaintiffs had asked the apex court to declare that the lottery is not one of the 68 items for which the National Assembly has the exclusive vires to make laws 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.