Supreme Court Sets Aside National Lottery Act

The Supreme Court has invalidated the National Lottery Act of 2005, which was passed by the National Assembly.

In a unanimous decision delivered on Friday, a seven-member panel of justices ruled that the National Assembly lacks the constitutional authority to legislate on matters concerning lotteries and games of chance.

The court affirmed that such powers fall exclusively under the jurisdiction of state Houses of Assembly. This means state governments have sole authority to regulate lotteries and related activities within their territories.

Justice Mohammed Idris, delivering the lead judgment, declared that the National Lottery Act 2005 will no longer be applicable across the states, except in the Federal Capital Territory (FCT), where the National Assembly retains legislative power.

This ruling stems from a 2008 lawsuit initiated by Lagos State and several other states.

Ekiti State later joined as a co-plaintiff in 2020, with the attorneys general of 34 additional states being added as defendants in 2022.

The plaintiffs argued that lottery regulation is not included among the 68 items listed under Part 1 of the Second Schedule of the 1999 Constitution, which grants exclusive legislative powers to the National Assembly.

They sought a ruling to affirm that the National Assembly cannot constitutionally enact laws to regulate lotteries across the country.