Supreme Court strikes out National Lottery Act

The Supreme Court has invalidated the National Lottery Act 2005, declaring it unconstitutional and outside the legislative powers of the National Assembly. In a unanimous decision delivered by Justice Mohammed Idris, the court affirmed that only state Houses of Assembly have the authority to legislate on lottery and games of chance. Justice Idris emphasised, “The National Assembly lacks the vires to legislate on issues relating to lottery and games of chance. These powers rest exclusively with the states.” He further clarified that the National Lottery Act 2005 remains enforceable only within the Federal Capital Territory (FCT), where the National Assembly holds jurisdiction. The landmark ruling stems from a 2008 lawsuit filed by the Attorney General of Lagos State, challenging the Federal Government’s regulatory authority over the gaming and lottery sector. Ekiti State joined as a co-plaintiff, with 34 other states added as defendants in subsequent hearings. The plaintiffs argued that lottery regulation is not among the 68 items under the National Assembly’s exclusive legislative list in the 1999 Constitution. They sought a declaration that the National Assembly had no constitutional grounds to regulate or control lottery operations across Nigeria. This judgment redefines the scope of federal and state legislative powers, granting states full control over lottery regulation within their territories.