The Supreme Court has nullified the National Lottery Act 2005, ruling that the National Assembly lacks the constitutional authority to legislate on matters relating to lottery and games of chance.
In a unanimous decision delivered by a seven-member panel of justices, Justice Mohammed Idris declared that legislative powers over lottery and games of chance are exclusively vested in State Houses of Assembly.
The court further ordered that the National Lottery Act 2005 should cease to be enforced across all states, except in the Federal Capital Territory (FCT), where the National Assembly is constitutionally empowered to legislate.
The ruling followed a suit filed in 2008 by the Attorney General of Lagos State against the Federal Government, challenging the federal control over the lottery and gaming sector.
Ekiti State later joined as a co-plaintiff, while the attorneys general of 34 other states were added as defendants by the Supreme Court in November 2022.
The plaintiffs argued that lottery regulation does not fall within the exclusive legislative list under Part 1 of the Second Schedule of the 1999 Constitution, as amended. They sought a declaration that the National Assembly lacks the constitutional authority to regulate and control lottery operations across the country.
With this judgment, the control and regulation of lotteries and games of chance now rest solely with state governments, marking a significant shift in the governance of the gaming sector in Nigeria.
