Supreme Court Nullifies Nigeria’s National Lottery Act, Empowers States on Gaming Regulation

In a landmark decision, Nigeria’s Supreme Court has declared the National Lottery Act 2005, enacted by the National Assembly, invalid. The unanimous ruling by a seven-member panel, led by Justice Mohammed Idris, confirmed that the National Assembly lacks constitutional authority to legislate on lotteries and games of chance.

The Supreme Court asserted that this legislative power is the exclusive domain of state Houses of Assembly. Justice Idris further ruled that the National Lottery Act 2005 is applicable only within the Federal Capital Territory (FCT), where the National Assembly holds legislative jurisdiction.

The case, initiated in 2008 by Lagos State’s Attorney General, challenged the federal government’s regulatory role over gaming and lotteries. Ekiti State joined as a co-plaintiff following a 2020 court order, and by 2022, attorneys general from 34 additional states were also included as defendants.

The plaintiffs sought clarity on whether lotteries are among the 68 items listed under the National Assembly’s exclusive jurisdiction in the amended 1999 Constitution. They argued that the National Assembly had no legal or constitutional grounds to regulate or control lotteries within the states.

This ruling effectively returns regulatory powers to state governments, reshaping the legal landscape for Nigeria’s lottery and gaming industry.