THE Supreme Court has invalidated the National Lottery Act of 2005, enacted by the National Assembly.
In a unanimous decision delivered by Justice Mohammed Idris on behalf of the seven-member panel, the apex court ruled that the National Assembly lacks the authority to legislate on matters related to lotteries and games of chance.
The court determined that such powers are vested exclusively in state Houses of Assembly, granting them sole jurisdiction over these issues.
Justice Idris further ordered that the National Lottery Act 2005 should no longer be applied in any state, except for the Federal Capital Territory (FCT), where the National Assembly retains legislative authority.
The case originated in 2008 when the Attorney General of Lagos State filed a suit against the Federal Government to resolve the question of control and regulation of the gaming and lottery sector.
Ekiti State later joined as a co-plaintiff in 2020, following a court order issued on October 6 of that year.
Recall that on November 15, 2022, the Supreme Court joined attorneys general from 34 other states as defendants in the case.
The plaintiffs sought a declaration that lotteries do not fall under the 68 items listed in Part 1 of the Second Schedule of the 1999 Constitution (as amended), which grants the National Assembly exclusive legislative powers.
They also requested a ruling affirming that the National Assembly lacks the constitutional authority to regulate and control lottery operations in Nigeria.
