Supreme court nullifies national lottery act 2005, affirms state jurisdiction over lotteries
The Supreme Court has nullified the National Lottery Act 2005, ruling that the National Assembly lacks the constitutional authority to legislate on lottery and games of chance.
In a unanimous decision by a seven-member panel, Justice Mohammed Idris delivered the judgment, asserting that only state Houses of Assembly have exclusive jurisdiction over these matters.
Justice Idris further directed that the National Lottery Act 2005 should cease to apply across all states, with the exception of the Federal Capital Territory (FCT), where the National Assembly is constitutionally empowered to make laws.
The case originated in 2008 when the Attorney General of Lagos State filed a suit against the Federal Government to clarify control over the gaming and lottery sector. Ekiti State later joined as a co-plaintiff, while attorneys general from 34 other states became defendants following court orders issued in 2020 and 2022.
The plaintiffs argued that lottery regulation falls outside the 68 items listed in Part 1 of the Second Schedule of the 1999 Constitution, for which the National Assembly has exclusive legislative authority. They sought a declaration invalidating the National Assembly’s powers to regulate lotteries nationwide.
This landmark ruling affirms the authority of state governments over lotteries, ending a long-standing dispute over regulatory jurisdiction.
