The Supreme Court has invalidated the National Lottery Act 2005, which was enacted by the National Assembly.
In a unanimous ruling delivered by Justice Mohammed Idris on behalf of a seven-member panel, the court concluded that the National Assembly did not have the authority to legislate on matters related to lotteries and games of chance.
The court determined that such powers solely rest with state Houses of Assembly, which hold exclusive jurisdiction over lottery and gaming activities.
Justice Idris instructed that the National Lottery Act 2005 should no longer be enforced in any states, except the Federal Capital Territory (FCT), where the National Assembly is authorized to legislate.
The case was initiated in 2008 by the Attorney General of Lagos State against the Federal Government regarding the control and regulation of the gaming and lottery industry.
Ekiti State was later added as a co-plaintiff in the case following a court order on October 6, 2020. Additionally, on November 15, 2022, the Supreme Court joined the attorneys general of 34 other states as defendants.
The plaintiffs had urged the Supreme Court to declare that lottery is not one of the 68 items for which the National Assembly holds exclusive legislative powers under Part 1 of the Second Schedule of the 1999 Constitution, as amended.
They also sought a declaration affirming that the National Assembly does not have the legal or constitutional authority to enact laws to regulate and control the operation of lotteries in Nigeria.