LAW AND REGULATION IN NIGERIA
canvassed by the parties was whether lottery can be categorized as a form of trade or commerce. In an attempt to resolve the issue, the Supreme Court embarked on a definition of the term ‘lottery’ thus: “So, what then is lottery? In the Oxford Advanced Learner’s Dictionary, 7th Edition, lottery is defined as: 1. A way of raising money for a government, charity, etc., in which many tickets are sold and some of the tickets are chosen by chance to win prizes. 2. A situation in which what happens depends entirely on chance. Lottery is also defined by the Black’s Law Dictionary 10th Edition as: 1. A system of deciding who will get something; choosing of people’s name by chance. 2. A method of raising revenues, esp. State Government revenues, by selling tickets and giving prizes (usu. Cash prize) to those who holds tickets with winning numbers that are drawn at random. Also termed lotto. From the foregoing definition, lottery is a scheme or a game in which participants must give something of value and a winner is selected by chance or luck or random drawing, not by skill, and the winner receives a benefit as a result of the chance- based selection.” Lottery is a system of selling numbered tickets and giving prizes to those people whose numbers are chosen by chance. 7 Lottery is an activity of chance with no definite assurance that there will be an exchange of value. After it had defined lottery, the Court went further to define the term “Trade and Commerce” in the following words: “Trade and Commerce can be described as the activities involved in buying, selling and exchange of goods and services. According to the Black’s Law Dictionary, 10th Edition, the terms “trade” and “commerce” are defined similarly with slight variations in wording.
Trade: The exchange of goods, services, or both, for money or other goods and services. It also refers to the business or occupation in which one engages. Commerce: The buying and selling of goods or services, especially on a large scale, and the activities involved in the production, distribution, and consumption of those goods and services. It encompasses all activities related to the movement and exchange of goods and services across markets.” The Court further relied on the definition of Trade and Commerce stated in its previous decision in A. G Ogun State v Aberuagba & Ors , 8 where the Supreme Court held as follows: “…trade and commerce in Item 62 of the Exclusive Legislative List are to be taken together and they both must mean commercial intercourse. It means therefore that commercial intercourse, as defined whether to or from foreign countries, whether they move inter-state or intra state. But it must be commercial intercourse and they must move’’ Trade is the activity of buying and selling or exchanging goods and services between people or countries. 9 It is the exchange of goods, services or both, for money or other goods and services. Commerce is the exchange or buying and selling of commodities on a large scale involving transportation from place to place. 10 It is the buying and selling of goods or services, especially in large amounts. 11 It is the buying and selling of goods and services, especially on a large scale, and the activities involved in the production, distribution and consumption of those goods and services. 12 Flowing from the above, trade and commerce concerns a definite exchange of goods or services. In contrast, lottery is a venture of chance without a definite guarantee that any form of value will be exchanged. In lottery, purchase of tickets simpliciter does not make every purchaser entitled to an exchange of value (prize money) or any other form of consideration. Whereas, goods and services move from one person to another and from place to place in relation to trade and commerce, no goods or services
7 Cambridge Academic Content Dictionary 8 (1985) LPELR- 3164 (SC)
9 Black’s Law Dictionary, 10th Edition 10 www.meriam-webster.com/dictionary 11 Cambridge Academic Content Dictionary , Cambridge University Press 12 Black’s Law Dictionary, 10th Edition
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IMGL MAGAZINE | MARCH 2025
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