Lagos Govt Cautions National Assembly On Proposed Gaming Bill

Lagos State government has cautioned the National Assembly against proceeding with the proposed Central Gaming Bill, warning that the legislation is unconstitutional and violates a binding Supreme Court judgment.

The state’s attorney-general and commissioner for Justice o, Mr Lawal Pedro (SAN), stated this at a press conference in Lagos. Pedro described the bill before the Senate for concurrence as a “voyage of unconstitutionality” that risks plunging the country into a constitutional crisis.

The 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”, seeks to centralise the regulation of gaming, betting, and lotteries nationwide.

Pedro, flanked by the state’s commissioner for Information and Strategy, Mr Gbenga Omotoso, reminded the lawmakers that the Supreme Court had already settled the matter in Suit No. SC/1/2008 – AG Lagos & 22 Ors v. AG Fed & Ors, where it held that lotteries, betting, and gaming fall within the legislative competence of states, not the Federal Government.

Quoting the apex court’s judgment delivered on 13th October 2024, the Lagos Attorney General stated, “Lotteries, betting, gaming, and any other games of chance are residual matters falling within the exclusive legislative competence of the states, except in the Federal Capital Territory.

He also cited specific portions of the judgment in which the Supreme Court ruled that the National Lottery Act of 2005 was enacted ultra vires the National Assembly, declaring it unconstitutional and nullifying it.

According to him, any attempt to reintroduce similar legislation under a new name, such as the proposed Central Gaming Bill, would amount to “legislating in defiance of a binding Supreme Court decision, the highest expression of contempt of court.

“Once the Supreme Court has decided on a subject, particularly under the Constitution, it becomes final and binding on all persons and authorities in Nigeria, including the Executive and the Legislature.”

Pedro further explained that the Supreme Court’s ruling had permanently restrained the federal government and its agencies from regulating lotteries and gaming across the states, making the matter “forever settled” unless the Constitution itself is amended.

He added, “Some proponents of the Bill argue that it only targets online gaming, but my question is, does ‘online’ mean ‘federal’? Whether a lottery ticket is sold physically or via mobile phone, the activity remains a game of chance within the state’s jurisdiction.”