LAW AND REGULATION IN NIGERIA
In 2008, Lagos State sued the Federal Government and the National Assembly at the Supreme Court in Suit No SC/1/2008 - The Attorney-General of Lagos State & Ors v The Attorney-General of the Federation & Ors , 3 challenging the constitutionality of the National Lottery Act 2005. The contention of the plaintiffs in the suit was that lottery is not within the legislative competence of the National Assembly; rather it is within the residual legislative powers of the various State Houses of Assembly as provided in the Constitution of Nigeria. Thus, the National Lottery Act 2005 enacted by the National Assembly for the purpose of regulating lottery throughout the country is unconstitutional, null and void. On the 22nd of November 2024, the Supreme Court of Nigeria upheld the argument of the plaintiffs and nullified the National Lottery Act, 2005 on the grounds that it was enacted ultra vires the constitutional powers of the National Assembly. Legislative power over lottery and gaming in Nigeria Under the Constitution of Nigeria, the National Assembly has the sole legislative power over matters contained in the Exclusive Legislative List. 4 The scope of the concurrent legislative powers of the National Assembly and Houses of Assembly of the various states are outlined in the Concurrent Legislative List. 5 The Constitution went further to provide that the Houses of Assembly of the various states shall have the exclusive power to legislate on matters not contained in the Exclusive Legislative List and Concurrent Legislative List. 6 Although those matters are not expressly listed in the Constitution, they are referred to as the Residual List.
t hat the National Assembly has the sole authority to legislate on lottery matters, premised on the viewpoint that lottery is encapsulated under Item 62 of the Exclusive Legislative List which relates to trade and commerce. They also argued that the powers of the National Assembly extend to lottery matters pursuant to Items 67 and 68 of the Exclusive Legislative List. Items 62, 67 and 68 of the Exclusive Legislative List state as follows:
Item 62 Trade and commerce, and in particular:
a. Trade and commerce between Nigeria and other countries including import of into and export of commodities from Nigeria, and trade and commerce between states; b. Establishment of a purchasing authority with power to acquire for export or sale in the world markets such agricultural produce as may be designated by the National Assembly; c. Inspection of produce to be exported from Nigeria and the enforcement of grades and standard of quality in respect of produce so inspected; d. Establishment of a body to prescribe and enforce standard of goods and commodities offered for sale; e. Control of prices of goods and commodities designated by the National Assembly as essential goods or commodities; and f. Registration of business names. Item 67 Any other matter with respect to which the National Assembly has power to make laws in accordance with the provisions of this Constitution. Item 68 Any matter incidental or supplementary to any matter mentioned elsewhere in this list.
It is pertinent to note that “lottery” is not expressly listed in either the Exclusive Legislative List or the Concurrent Legislative List under the Nigerian Constitution. Consequently, the plaintiffs in the Supreme Court decision under review argued that lottery, having not been listed in either the Exclusive Legislative List or the Concurrent Legislative list, falls under the Residual Legislative powers of the State Houses of Assembly. For their part, the defendants argued Agency Law 3 The suit was brought under the original jurisdiction of the Supreme Court of Nigeria
Is lottery a form of trade or commerce?
As we stated earlier, central to the determination of the issues
4 Second Schedule, Part I CFRN 5 Second Schedule, Part II CFRN 6 S. 4(7) CFRN
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IMGL MAGAZINE | MARCH 2025
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