Nigeria’s Supreme Court has declared the National Lottery Act 2005 passed by the National Assembly invalid. In a unanimous decision by a seven-member panel of the Supreme Court, Justice Mohammed Idris stated that the National Assembly does not have the authority to legislate on matters concerning lotteries and games of chance.
The court determined that such authority rests solely with the state Houses of Assembly, which have exclusive jurisdiction over lotteries and games of chance.
Justice Idris mandated that the National Lottery Act 2005 no longer applies in any state except the Federal Capital Territory (FCT), for which the National Assembly is authorised to enact legislation.
The lawsuit was initiated in 2008 by the Attorney General of Lagos State against the government regarding the control and regulation of the gaming and lottery industry.
Ekiti State was added as a co-plaintiff following a court order issued on October 6, 2020. Later, on November 15, 2022, the Supreme Court included attorneys general from 34 additional states as defendants.
The plaintiffs requested that the Supreme Court confirm that lotteries are not among the 68 subjects for which the National Assembly has exclusive legislative authority under Part 1 of the Second Schedule of the amended 1999 Constitution.
They also sought a ruling that the National Assembly does not possess the legal or constitutional authority to legislate on the regulation and control of lotteries in Nigeria.
