Supreme Court Strikes Down National Lottery Act

The Supreme Court has nullified the National Lottery Act, citing conflicts with constitutional provisions. Implications for the lottery industry loom. 

The National Lottery Act 2005, passed by the National Assembly, has been invalidated by the Supreme Court.

In a unanimous decision delivered by Justice Mohammed Idris, the seven-member panel of the supreme court ruled that the National Assembly does not have the authority to legislate on matters pertaining to lotteries and games of chance.

The court ruled that the authority over lotteries and games of chance lies solely with the state Houses of Assembly, which have exclusive jurisdiction in these matters.

Justice Idris ruled 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 has legislative authority.

In 2008, the Attorney General of Lagos State initiated a lawsuit against the Federal Government concerning authority and regulation over the gaming and lottery sector.

In compliance with a court order issued on October 6, 2020, Ekiti State was added as a co-plaintiff in the lawsuit.

Subsequently, the Supreme Court included attorneys general from 34 additional states as defendants on November 15, 2022.

The plaintiffs requested that the Supreme Court rule that lotteries are not among the 68 items for which the National Assembly has exclusive authority to legislate, as outlined in Part 1 of the Second Schedule of the amended 1999 Constitution.

They also sought a declaration stating that the National Assembly does not have the legal and constitutional authority to create laws regulating and controlling lottery operations in Nigeria.