Lagos has warned the National Assembly against the Supreme Court rule on the proposed gaming bill.
Eko Hot News reports that the Lagos State Government, led by Governor Babajide Sanwo-Olu, has urged the National Assembly to be wary of the proposed Central Gaming Bill, warning that the legislation was not only unconstitutional but a violation of a subsisting Supreme Court judgment.
The Attorney-General and Commissioner for Justice, Lagos State, Lawal Pedro, at a news conference on Wednesday, noted that the bill, now before the Senate for concurrence, risks plunging the country into a constitutional crisis.
According to Pedro, the bill, titled “A Bill for an Act to Repeal the National Lottery Act No. 7 of 2005 and the National Lottery (Amendment) Act No. 6 of 2017, and to enact the Central Gaming Bill to Regulate the Operation and Business of All Forms of Online and Remote Gaming Across the Geographical Boundaries of the Federating Units and Beyond the Borders of Nigeria”, seeks to centralise the regulation of gaming, betting, and lotteries nationwide.
The Lagos State Commissioner for Justice, who was accompanied by Gbenga Omotosho, Lagos State Commissioner for Information and Strategy, noted that the Supreme Court had settled the matter in Suit No. SC/1/2008 – AG Lagos & 22 Ors v. AG Fed & Ors, where it held that lotteries, betting, and gaming fall within the legislative competence of states, not the Federal Government.
Referencing the court’s judgment delivered on October 13, 2024, the Lagos justice commissioner said: “Lotteries, betting, gaming, and any other games of chance are residual matters falling within the exclusive legislative competence of the states, except in the Federal Capital Territory.”
Pedro also cited specific portions of the judgment in which the Supreme Court ruled that the National Lottery Act of 2005 was enacted ultra vires the National Assembly, declaring it unconstitutional and nullifying it in its entirety.
He warned that any attempt to reintroduce similar legislation under a new name, such as the proposed Central Gaming Bill, would amount to “legislating in defiance of a binding Supreme Court decision, the highest expression of contempt of court.
“Once the Supreme Court has made a decision on a subject, particularly under the Constitution, it becomes final and binding on all persons and authorities in Nigeria, including the Executive and the Legislature.”
The Attorney-General and Commissioner for Justice further explained that the Supreme Court’s ruling had permanently restrained the federal government and its agencies from regulating lotteries and gaming across the states, making the matter “forever settled” unless the Constitution itself is amended.
“Some proponents of the Bill argue that it only targets online gaming, but my question to them is, does ‘online’ mean ‘federal’? Whether a lottery ticket is sold physically or via mobile phone, the activity remains a game of chance within the state’s jurisdiction,” he added.
