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Lottery control: Supreme Court has scheduled date to hear lawsuit against the FG and 34 other parties
The Lagos State Attorney General sued the Federal Government in 2008 to determine who controls and governs the gaming and lottery industries. The case is scheduled to be heard by the Supreme Court on March 13, 2024.
Following a court ruling on October 6, 2020, Ekiti state was added to the lawsuit as a co-plaintiff. The National Assembly is the second defendant in the case, with the Attorney General of the Federation being the first.
The Supreme Court added the solicitors general of 34 additional states to the list of defendants on November 15, 2022.
During a resumption of the case on Monday, a seven-member Supreme Court Justice bench led by Justice Kudirat Kekere-Ekun set the date.
Innocent Daa’gba represented the Federal Government, Ifeanyi Mrialike represented the National Assembly, and Bode Olanipekun (SAN) confirmed his appearance on behalf of the Lagos State Government. Adetunji Osho represented the Ekiti State Government.
There was no legal counsel for Kwara state despite the Attorneys General of the 33 States being properly represented and making presence announcements.
The Supreme Court unanimously decided that all of the defendants’ late filings were legitimate and legally filed, having been regularised, and ordered the state governments of Jigawa and Kaduna to get their house in right by settling the legal representation dispute before the next hearing date.
The panel rejected the Oyo State Attorney General’s withdrawal of his application to participate as a co-plaintiff.
To save the court’s time on the hearing day, Justice Kekere-Ekun recommended that all State Governments supporting the same position submit a single argument.
Speaking with judiciary correspondents at the Supreme Court, Innocent Daagba stated that he had been filing Federal Government processes and submissions since 2020. He also added that the court had regularised the proceedings, paving the way for the matter to be heard.
In the dispute over various gaming-related regulations, the Federal Government (the Nigerian Lottery Regulation Commission and the Nigerian Lottery Trust Fund) prevailed against Lagos and other States on August 15, 2022.
The Nigerian Bookmakers Association filed a lawsuit to identify the rightful regulators of gambling companies as they were dissatisfied with having to pay many taxes and licence fees to both the federal and state governments.
The National Assembly has the authority to enact laws pertaining to lotteries, and the constitution makes it clear that lotteries belong on an exclusive list. Accordingly, the Federal Government should be the only regulator of the gaming industry in the nation. The suit bearing the number FHC/L/CS/15992020 was filed before Justice Iniekenimi Oweibo of the Lagos High Court.
The state governments and bookies continue to argue back and forth about various taxes and regulations in spite of the ruling.
Judge Oweibo rendered a decision on July 19, 2023, holding that the National Assembly, on behalf of the Federal Government, possessed the only authority to enact laws and regulate lottery operations within the nation.
A few months after the initial decision, the Lagos State High Court rendered a second decision, this time concluding that lottery and one-chance betting-related issues fell under the constitution’s residual list. In light of this, the judge determined that Lagos State was entitled to industry regulation.
But the plaintiffs want the supreme court to rule that “lottery is not one of the 68 items in respect of which the National Assembly has the exclusive vires to make laws under Part 1 of the Second Schedule of the Constitution of the Federal Republic of Nigeria 1999 (as amended)” in a further amended originating summons marked SC/1/2008.
They are requesting a determination that the National Assembly does not have the authority to lawfully and constitutionally enact any legislation governing and controlling the operation of lotteries in Nigeria, given the explicit requirements of Sections 4(2) and (3) of the Constitution.
They also want, among other things, “A declaration that matters relating to lottery do not fall within items which the National Assembly and State Houses of Assembly are concurrently empowered to make Laws with regard thereto, having regard to the clear provision of Section 4(4)(a), (b) and Part ll of the Second Schedule to the Constitution.”
Additionally, they request that the Supreme Court require the Federal Government to account for any money received by the Federation of Nigeria from the National Lottery Act (CAP N145), one of the Federation of Nigeria’s laws, in Lagos State, and to transfer that money to the Plaintiff.