Lagos accuses National Assembly of defying Supreme Court over Gaming Bill

By Kazeem Ugbodaga

The Attorney General and Commissioner for Justice of Lagos State, Mr. Lawal Pedro (SAN), has cautioned the National Assembly against proceeding with the proposed Central Gaming Bill, warning that the legislation is unconstitutional and in direct violation of a binding Supreme Court judgment.

Pedro, who addressed journalists on Wednesday at the Lagos Government Secretariat, ALausa, described the Bill, currently 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.

However, Pedro 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 AG 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.”

Pedro further 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 in its entirety.

He stressed that 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 made a decision 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,” he said.

Pedro 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 to them 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.”

The Attorney General warned that passing the Bill would carry grave consequences for Nigeria’s federal structure and the rule of law.

“It would amount to overstepping constitutional boundaries and encroaching upon state powers, contrary to the principles of federalism. It will also force the states back to the Supreme Court over a matter already conclusively decided,” he noted.

Pedro urged the Senate to reject concurrence with the Bill “in the interest of constitutionalism, federalism, and national stability.”

“This is not about Lagos State. It is about Nigeria. It is about protecting the integrity of the Supreme Court and preserving the federation as the Constitution envisions it,” he said.

The Attorney General reaffirmed Lagos State’s commitment, alongside the 22 other states that were co-plaintiffs in the case, to uphold the rule of law and resist any legislative encroachment on powers constitutionally reserved for the states.

“The strength of our democracy lies not in the might of any institution, but in the rule of law,” Pedro asserted, adding that “Let us not defy the Constitution we all swore to uphold.”