LAW AND REGULATION IN NIGERIA
Legislative and regulatory powers over lottery, gaming and betting in Nigeria A REVIEW OF THE SUPREME COURT DECISION IN THE ATTORNEY-GENERAL OF LAGOS STATE & 21 ORS V THE ATTORNEY-GENERAL OF THE FEDERATION & 15 ORS - SC/1/2008 FROM OBINNA AKPUCHUKWU AND DEINSO ABIO GEORGE
Introduction Nigeria operates a federal system of government. Thus, legislative powers are devolved between the national law- making body (The National Assembly) and the Houses of Assembly of each 36 state that make up the country. Additionally, the National Assembly acts as the domestic law- making body for the Federal Capital Territory (FCT) with respect to matters which the State Houses of Assembly have powers to legislate on. These legislative powers are clearly delineated and enshrined in the Constitution of the Federal Republic of Nigeria. By section 4(1) of the Constitution, 1 the legislative powers of Nigeria are vested in the National Assembly. Section 4(6) of the Constitution states that the legislative powers of a state of the Federation is vested in the House of Assembly of the state.
In 2005, the National Assembly enacted the National Lottery Act (the “Act”) which sought to regulate lottery and lottery related activities (Sports Betting, Pools Betting, etc.) throughout the federation. The Act also established the National Lottery Regulatory Commission (NLRC) as the federal regulatory body in charge of lottery and related activities. The NLRC issued national and regional licenses for the operation of lottery, sports betting, pools betting and related activities throughout the country or a section of the country. Prior to the enactment of the National Lottery Act of 2005, some states in Nigeria had already enacted their domestic laws to regulate gaming in their respective states. 2 These state laws also established regulatory bodies for gaming and lottery activities in their respective states.
1 Constitution of the Federal Republic of Nigeria 1999, as amended 2 Examples, The Lagos State Lotteries Law 2004, The Anambra State Gaming Law No 7 of 2005, The Cross Rivers State Lotteries and Gaming
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IMGL MAGAZINE | MARCH 2025
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