Supreme Court Nullifies National Lottery Act For Being Unconstitutional

The Supreme Court on Friday, nullified the National Lottery Act enacted in 2005, for being unconstitutional.

The apex court voided the Act while delivering judgement in a suit filed in 2008 by Lagos and some other states, challenging the powers of the federal government to regulate the issue of lottery and games of chance across the country.

A seven-member panel of the apex court voided the legislation because the National Assembly lacked powers to make laws relating to lottery and games of chance.

Justice Mohammed Idris, who delivered the unanimous judgement of the court specifically held that such powers belong exclusively to the Houses of Assembly of the States of the federation.

He held that having regard to the clear provisions of Section 4(2) & (3) of the Constitution, the National Assembly lacks the powers to make any legislation for the control and regulation of lottery in Nigeria.

Making further reference to Section 4(4)(a) & (b) and Part 2 of the Second Schedule of the Constitution, the apex court held that matters relating to lottery are not issues on which the National Assembly and state Houses of Assembly have concurrent powers to make laws.

Justice Idris also declared that, having regard to the provisions of Section 4(7)(a) & (c) of the First Schedule to the Constitution, the House of Assembly of Lagos State and other states have the powers, to the exclusion of the National Assembly, to make laws for the regulation and control of lottery within their states.

He further declared that, having regards to the provisions of Sections 4(4)(b), 7(a) and 39, 29(9)(a) of the Constitution, the power of the National Assembly to make laws for the regulation and control of lottery is limited by the Constitution.

The judge also declared that Sections 17, 18, 19 and 20 and 21 of the National Lottery Act 2005, made by the National Assembly are inconsistent with the Constitution, adding that the National Lottery Act is inconsistent with the provisions of the 1999 Constitution.

Justice Idris subsequently made an order nullifying in its entirety the National Lottery Act, 2005.

Besides, the apex court issued another order of perpetual injunction restraining the first defendant (AGF), either by himself or his agents or any other agency of the federal government from implementing the provisions of the National Lottery Act within the territories of the plaintiff states.

The apex court further issued another order of perpetual injunction restraining the first defendant, its agents or agencies of the the federal government from continuing to implement or enforce the provisions of the National Lottery Act within the territories of the plaintiff states

The judge made no order as to cost. Other members of the panel – Justice Uwani Abba-Aji (who presided), Justices Mohammed Lawal Garba, Emmanuel Agim, Simon Tsammani, Stephen Adah and Jamilu Tukur agreed with the lead judgment.

Meanwhile, the Speaker of the House of Representatives, Rt Hon Tajudeen Abbas, on Friday revealed that the lottery industry in Nigeria, under the leadership of the incumbent Director General, National Lottery Regulatory Commission (NLRC), Lanre Gbajabiamila, contributed over N200 billion to the nation’s Gross Domestic Product (GDP) in 2023.

The Speaker made this disclosure in Abuja, during the formal unveiling of a book titled “Mr. Lottery, The Story of Lanre Gbajabiamila @ 60, authored by the DG National Lottery Regulatory Commission (NLRC), Lanre Gbajabiamila.

Abbas who was the Special Guest of Honour at the book presentation, was represented by the Deputy Speaker of the House of Representatives, Rt Hon Benjamin Kalu.

According to him, “Under the leadership of Lanre Gbajabiamila, the lottery industry contributed over N200 billion to the country’s GDP in 2023.

“Today we gather to mark the life of a man whose living has become a testimony and light for others to emulate. We are proud of you. You have provided a place for the Parliament to support you, to sustain the good work you are doing. As we all know, it is not the end.

“Lottery has a series of chances and choices, each of them to know about the darkness. Each decision is led to a long, wide journey. And just as in every game, it’s not the outcome that defines us, but how we play together, how we rise after a fall. How we learn, how we adapt, and above all, how we shape the game to serve the higher purpose.

“The story of Lanre idealises one such story. A story made in the game of lottery. Not for personal gain, but to contribute to lottery”.

Noting that the concept of lottery is not foreign to us in Nigeria, Abbas explained that “it was rooted deeply in our community of lottery, where we come together, pooling resources, sharing goals, taking risks”.

The book reviewer, Dr. Charles Omole, said the author found his calling in the less conventional world of gaming regulation.

Speaking about the book, Omale stated: “A standard feature of the book is a book story-telling approach which moves biographical facts and drama, transforming what would be a straightforward success story into a saga of ambition, adversity, and triumph.

“There is humour in every chapter like the intention of revolutionary reforms and casting Lanre as a beautiful and relatable protagonist who takes his work seriously behind the self-aware humour that keeps him very grounded.

“The book prepared me to address the agnostic, repeated metaphor of the industrial culture of Lanre and his career and his passport in itself.

“Through his eyes, readers will also gain a deep understanding of the industrial culture. And this is very important”.

Lanre, he said, challenged the archaic practices in the lottery industry in Nigeria, pioneered digital solutions, and was not afraid to start with tokens. 

He noted that the book did not shy away from exploring Lanre’s personal sacrifices, portraying his resilience not just as a professional asset but as a profoundly humble human being.

Earlier in his remarks, the author of the book, Lanre Gbajabiamila assured the audience that “this book will entertain you, inspire you and maybe even teach you a lesson or two”.

Alex Enumah and Linus Aleke

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