In a landmark ruling, the Supreme Court has invalidated the National Lottery Act of 2005, declaring it unconstitutional for the National Assembly to legislate on lotteries and games of chance.
The decision, delivered by a seven-member panel of justices on Friday, reaffirmed that the power to regulate lotteries lies exclusively with state Houses of Assembly.
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Justice Mohammed Idris, who read the lead judgment, clarified that the National Lottery Act remains applicable only within the Federal Capital Territory (FCT), where the National Assembly holds legislative authority.
States Challenge Federal Authority
The ruling follows a legal battle initiated in 2008 by Lagos State, joined by Ekiti State in 2020, and later supported by 34 other states in 2022. The plaintiffs argued that lottery regulation does not fall under the 68 items listed in Part 1 of the Second Schedule of the 1999 Constitution, which delineates the exclusive legislative powers of the National Assembly.
The states contended that the Act infringed on their constitutional authority, seeking judicial affirmation that the National Assembly cannot legislate on lotteries across the federation.
Implications of the Ruling
This judgment redefines the regulatory framework for lotteries and gaming activities, granting state governments full autonomy over these sectors within their territories. It also sets a precedent for interpreting legislative powers between federal and state governments under the 1999 Constitution.
