Lottery Not Within Exclusive Legislative List, Supreme Court Affirms

In a landmark judgement, the Supreme Court of Nigeria has declared that lottery is not within the Exclusive Legislative List of the 1999 Constitution (as amended).

In a well-considered ruling in the case of Attorney General of Lagos State v. National Sports Lottery LTD and NSL Lottery Management Co. LTD, the apex court held that “this suit is not for the determination of matters within the exclusive legislative list of the National Assembly of Nigeria….”

The judgement was delivered on March 31, 2023, by a five-man panel of Justices of the Supreme Court led by Hon. Justice Mohammed Lawal Garba. The certified true copy (CTC) of the judgement was, however, obtained at the weekend.

LEADERSHIP reports that the ruling has far-reaching implications for the regulation of lottery and gaming activities within Lagos State and affirming the authority of the Lagos State Lotteries and Gaming Authority.

The case and issues for determination at the trial court were whether the National Sports Lottery Limited can lawfully and validly carry on, conduct and or operate any form of lottery business within the territory of Lagos State by whatever means or mode without first obtaining a duly issued licence from the Executive Governor of Lagos State in accordance with the provisions of the Lagos State Lotteries Law 2004.

The matter went on appeal after the preliminary objection challenging the jurisdiction of the Lagos State High Court was overruled and dismissed.

The Court of Appeal allowing the appeal ruled that the case presented by the Lagos State Government at the trial court sought to challenge the validity of an executive or administrative action or decision of the Federal Government or any of its agency.

Setting aside the decision of the Court of Appeal and endorsing totally the findings of the trial court, the Supreme Court ruled that the suit is simply one that is entirely based on the interpretation and application of the 2004 Laws of Lagos State in relation to National Sports Lottery Limited’s operation, conduct and carrying on of the Lottery business in Lagos State.

The ruling of the Supreme Court emphasised the constitutionally vested mandate of the Lagos State High Court in matters pertaining to lottery and gaming within the state as provided in Section 272 of the Constitution of the Federal Republic of Nigeria 1999(as amended) as the suit on the face of it does not fall within the provisions of Section 251 of the Constitution of the Federal Republic of Nigeria 1999 (as mended).

The Supreme Court held inter alia that: “{The suit is not for the determination of matters within the Exclusive list of the National Assembly of Nigeria such as to deprive a State High Court of jurisdiction over it.”

The judgement underscored the power and jurisdiction of the Lagos State Lottery and Gaming Authority in regulating gaming activities.

The Supreme Court of Nigeria’s judgement in ‘Attorney General of Lagos State v. National Sports Lottery LTD & NSL Lottery Management Co. LTD’ is a watershed moment in the regulation of lottery and gaming within Lagos State.

It reaffirmed the authority of the State Gaming Regulators and established precise legal structure for overseeing these operations.

The decision of the apex court stands as evidence of the dedication of the different states in the federation to uphold legal principles and safeguard the welfare and/or interest of its citizens in matters concerning lotteries and gaming.