Supreme Court Nullifies National Lottery Act, Vests Powers In States

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BY ANTHONY OCHELA, ABUJA

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

In a unanimous judgment on Friday, a seven-member panel of the apex court, 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.

In the lead judgment by Justice Mohammed Idris, the court 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 landmark ruling stems from a 2008 lawsuit filed by the Attorney General of Lagos State, challenging the Federal Government’s regulatory authority over the gaming and lottery sector.

Ekiti State joined as a co-plaintiff, with 34 other states added as defendants in subsequent hearings.

The plaintiffs argued that lottery regulation is not among the 68 items under the National Assembly’s exclusive legislative list in the 1999 Constitution.

They sought a declaration that the National Assembly had no constitutional grounds to regulate or control lottery operations across Nigeria.

This judgment redefines the scope of federal and state legislative powers on the matter, granting states full control over lottery regulation within their territories.

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