National Assembly Lacks Power to Legislate on Lotteries, Gaming Outside FCT – Lagos A-G 

Lagos State’s Attorney-General and Commissioner for Justice, Mr. Lawal Pedro, has called on the National Assembly to abandon the proposed Central Gaming Bill.

Speaking at a press briefing on Wednesday at the Ministry of Justice in Alausa, Ikeja, Pedro, a Senior Advocate of Nigeria, warned that moving forward with the bill would violate a Supreme Court ruling and the Nigerian Constitution. 

He referenced the Supreme Court decision in Suit No. SC/1/2008 – Attorney-General of Lagos State and 22 others vs. Attorney-General of the Federation and others – to support his stance. 

He said the apex court had in the landmark judgment delivered on Oct. 13, 2024, ruled that lotteries, betting, gaming, and any other games of chance were residual matters within the exclusive legislative competence of the states, except in the Federal Capital Territory (FCT).

According to him, the Central Gaming Bill is currently before the Senate after its passage by the House of Representatives is unconstitutional because it seeks to regulate gaming and lotteries across the federation, despite the Supreme Court’s clear pronouncement.

Pedro said: “The National Assembly lacks the power to legislate on lotteries and gaming outside the FCT.

“The Supreme Court has already nullified the National Lottery Act of 2005 and granted a perpetual injunction restraining the Federal Government or any of its agencies from enforcing its provisions within any state.

“The apex court’s decision is final and binding on all persons and authorities in Nigeria under Sections 6(6)(b), 235, and 287 of the Constitution.

“To attempt to legislate again on the same subject is to defy the Supreme Court, violate the Constitution, and invite constitutional chaos.”

Pedro cautioned that proceeding with the Bill would amount to contempt of court, encroaching on the powers of states and undermining Nigeria’s federal structure.

He said that while proponents of the Bill claimed it sought to regulate online gaming, such an argument was legally baseless, as technology did not change the constitutional character of an activity.

“Whether a game is played across a counter or online, it remains a game of chance conducted within a state.

“We appeal to the Senate to decline concurrence to the Bill in the interest of rule of law, constitutionalism and national stability.

“This is not about Lagos State.
“It is about Nigeria, about protecting the integrity of the Supreme Court and preserving the federation as the Constitution envisions it,” Pedro  said.

Earlier, the Commissioner for Information and Strategy, Mr Gbenga Omotoso, in his opening remarks, emphasised the need for strict adherence to constitutional principles and respect for the rule of law in Nigeria.

Omotoso said particularly, in the light of recent the Supreme Court pronouncements affecting the powers of states.

He said the issues under discussion transcended politics and touched on the very foundation of Nigeria’s federal structure.

“This conference is an opportunity to reflect on the implications of the Supreme Court’s recent judgment in Attorney-General of Lagos State & 22 Ors v. Attorney-General of the Federation & Ors.

“The judgment reaffirmed certain constitutional rights of state governments and the decision had far-reaching consequences for governance,” Omotoso said.

He described the media briefing as a very important moment in the national journey. 

NAN