A fresh constitutional dispute is brewing between the Federation of State Gaming Regulators of Nigeria and the National Assembly over a proposed “Central Gaming Bill,” which seeks to regulate all forms of online and remote gaming across the country.
In a letter dated March 17, 2025 and addressed to the Speaker of the House of Representatives, Rt. Hon. Tajudeen Abbas, the federation, through its counsel, Wole Olanipekun & Co., described the legislative move as a direct violation of the Supreme Court’s binding decision in Suit No. SC.1/2008: Attorney-General of Lagos State & Ors v. Attorney-General of the Federation, National Assembly & Ors.
Signed by Bode Olanipekun (SAN) the correspondence warned that proceeding with the bill would amount to “judicial assault and constitutional debasement,” since the apex court had already declared that lottery and gaming fall exclusively within the legislative competence of state governments, not the National Assembly.
According to the letter, the Supreme Court had on November 22, 2024, delivered a unanimous judgment invalidating the National Lottery Act and restraining the National Assembly from legislating on lottery or gaming matters beyond the Federal Capital Territory (FCT).
The court, in its ruling, held that lottery and gaming are not included in either the Exclusive or Concurrent Legislative Lists under the 1999 Constitution (as amended), and therefore belong to the residual powers of the states.
At page 66 of the judgment, the Supreme Court affirmed that “the legislative authority of each House of Assembly encompasses, among other matters, activities such as lottery and other forms of gaming.”
The letter further noted that reliefs granted by the apex court categorically barred the National Assembly from making any law to regulate or control the operation of lottery or gaming across Nigeria, limiting such powers only to the Federal Capital Territory.
Despite this ruling, the Federation alleged that the House of Representatives had introduced a new bill titled:
“A Bill for an Act to Repeal the National Lottery Act No. 7 of 2005 and the National Lottery (Amendment) Act No. 6 of 2017, and to Enact the Central Gaming Bill to Regulate the Operation and Business of All Forms of Online and Remote Gaming Across the Geographical Boundaries of the Federating Units and Beyond the Borders of Nigeria…”
The bill, listed as HB.2062 in the National Assembly Journal No. 06, Vol. 22 of February 3, 2025, seeks to reintroduce federal control over gaming through a proposed Federal Gaming Commission, which would license, regulate, and oversee online and remote gaming nationwide.
Olanipekun & Co. contended that the move is not only unconstitutional but also amounts to legislating on a matter already conclusively decided by the Supreme Court, warning that the National Assembly cannot “reinstate what the Supreme Court has found to be illegal.”
“The Bill proceeds as if the House of Representatives is oblivious of the decision in SC.1/2008 which nullified the National Lottery Act,” the letter stated, adding that even attempting to repeal a statute already declared void by the apex court “is false and constitutionally untenable.”
“You will appreciate that none of the constitutional provisions the Supreme Court considered in its decision of 22 November 2024 has been altered or amended to justify the introduction of a bill for the purpose of legislating on gaming by the House of Representatives.”
It warned that continuing the process would set a dangerous precedent where “every unsuccessful litigant in court resorts to extra-judicial means to reinstate what the apex court has declared unconstitutional.”
Copies of the letter were also sent to the President of the Senate, Senator Godswill Akpabio; Deputy Senate President, Senator Barau Jibrin; Deputy Speaker, Rt. Hon. Benjamin Kalu; and the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN.
The federation maintained that it would resist any attempt to undermine the supremacy of the Supreme Court’s decision and reaffirmed that only state governments have constitutional authority to regulate lottery, gaming, and related activities within their territories.
