Supreme Court of Nigeria’s Landmark Judgment on Lottery Regulation
In a significant ruling, the Supreme Court of Nigeria has determined that lottery regulation does not fall within the Exclusive Legislative List of the 1999 Constitution (as amended). This landmark decision clarifies the legislative powers concerning lottery and gaming activities, particularly within Lagos State.
Case Overview
The judgment arose from the case of Attorney General of Lagos State v. National Sports Lottery LTD and NSL Lottery Management Co. LTD.
The core issue was whether National Sports Lottery Limited could operate any lottery business in Lagos State without obtaining a license from the Executive Governor, as mandated by the Lagos State Lotteries Law 2004.
Supreme Court’s Decision
Delivered on March 31, 2023, by a five-member panel led by Hon. Justice Mohammed Lawal Garba, the Supreme Court’s ruling stated, “This suit is not for the determination of matters within the exclusive legislative list of the National Assembly of Nigeria…”
This assertion underlines that the regulation of lotteries does not exclusively fall under federal jurisdiction.
Implications for Lagos State
The Supreme Court’s decision has significant implications for the regulation of lottery and gaming activities within Lagos State.
It affirms the authority of the Lagos State Lotteries and Gaming Authority, allowing it to regulate and license lottery operations within the state. This ruling effectively empowers Lagos State to oversee lottery businesses, ensuring compliance with state laws.
Legal Journey
The case initially questioned whether National Sports Lottery Limited could legally operate in Lagos without state-issued licenses. Following the Lagos State High Court’s dismissal of a preliminary objection challenging its jurisdiction, the matter escalated to the Supreme Court.
The apex court’s ruling now provides clarity on the legislative powers, reinforcing the state’s regulatory authority.
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