The Supreme Court, on Friday, nullified the National Lottery Act 2005 enacted by the National Assembly.
A seven-member panel of the Supreme Court in a unanimous judgment held that the National Lottery Act 2005 should no longer be enforced in all states, except the Federal Capital Territory, in respect of which the National Assembly is empowered to make laws.
The apex court, in the lead judgment delivered 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 also stated that such powers only reside with the state Houses of Assembly, which possess exclusive jurisdiction over lottery and games of chance.
In March 2005, former President Olusegun Obasanjo signed the national lottery bill into law.
The legislation provides the framework for the operation of the national lottery and the establishment of the National Lottery Regulatory Commission.
The commission is charged with regulating the business of lottery in Nigeria as well as establishing the national lottery trust fund.
In 2008, the Lagos state government filed a suit against the federal government on whether the control and regulation of gaming and lottery businesses in each state is under the exclusive list.
In October 2020, the Ekiti government joined Lagos as co-plaintiff in the suit.
In November 2022, the supreme court joined 33 state governments as co-defendants in the suit.
In the judgment, the apex court ruled that only state assemblies have the powers to legislate on lottery and gaming businesses.
The supreme court ruled that legislation cannot be enforced in all states, except the federal capital territory (FCT), since the national assembly is empowered to make laws for the country’s capital.
