Supreme Court voids National Lottery Act

The Supreme Court on Friday declared the National Lottery Act 2005 unconstitutional, ruling that its enactment by the National Assembly exceeded the federal legislature’s powers under the 1999 Constitution.

In a unanimous decision, a seven-member panel of the apex court held that the National Assembly lacks the authority to legislate on matters concerning lottery and games of chance. Justice Mohammed Idris, who delivered the lead judgement, emphasised that such powers reside exclusively with state Houses of Assembly.

The ruling arose from a suit, marked SC/1/2008, filed by Lagos State and several other states challenging the validity of the National Lottery Act. The court resolved the two issues raised in the suit against the Attorney General of the Federation (AGF) and one other defendant.

Granting all the reliefs sought by the plaintiffs, Justice Idris declared that the National Lottery Act would no longer apply in any state except the Federal Capital Territory (FCT), where the National Assembly is constitutionally empowered to legislate.

The court affirmed that lottery and games of chance are not listed on the Exclusive Legislative List of the Constitution, which limits the National Assembly’s jurisdiction. Justice Idris also noted that under Sections 4(2) and (3) of the Constitution, the National Assembly lacks the authority to regulate lottery nationwide.

Further, the court declared that lottery matters fall under the exclusive legislative competence of state assemblies, as outlined in Sections 4(7)(a) and (c) and Part 2 of the Second Schedule to the Constitution.

The court nullified sections 17, 18, 19, 20, and 21 of the National Lottery Act, declaring them inconsistent with the Constitution. An order was issued nullifying the entire Act and restraining the AGF, his agents, and any federal agencies from enforcing its provisions in the territories of the plaintiff states.

Justice Idris also issued a perpetual injunction preventing the AGF or any federal agency from implementing the Act in the plaintiff states.

The panel, which included Justices Uwani Abba-Aji (presiding), Mohammed Lawal Garba, Emmanuel Agim, Simon Tsammani, Stephen Adah, and Jamilu Tukur, unanimously concurred with the lead judgement.

No order as to costs was made in the matter.