The Supreme Court has ruled that the National Assembly does not have the power to legislate on lottery and games of chance, declaring the National Lottery Act 2005 invalid.
In a unanimous decision delivered by Justice Mohammed Idris, the seven-member panel stated that only state Houses of Assembly have the authority to make laws on lottery and games of chance.
“The National Assembly lacks the powers to legislate on issues relating to lottery and games of chance. Such powers reside exclusively with state Houses of Assembly,” Justice Idris said during the judgment.
The court ordered that the National Lottery Act 2005 should no longer be enforced in states, except in the Federal Capital Territory, where the National Assembly is permitted to make laws.
The case was initiated in 2008 by the Attorney General of Lagos State against the Federal Government to determine who has control over the gaming and lottery sector. Ekiti State later joined as a co-plaintiff in 2020, with attorneys general from 34 other states added as defendants in 2022.
The plaintiffs argued that lottery regulation is not included among the 68 items listed under the National Assembly’s exclusive legislative powers in the 1999 Constitution.
They requested the court to declare that the National Assembly cannot constitutionally regulate or control lottery operations in Nigeria.
