Supreme Court Nullifies National Lottery Act 2005

Supreme Court Nullifies National Lottery Act 2005

Lottery: The Supreme Court of Nigeria has invalidated the National Lottery Act, 2005, which was enacted by the National Assembly to regulate lottery and games of chance across the country. The judgement was delivered on Friday by a seven-member panel of the apex court led by Justice Mohammed Idris.

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Background of the Case

The decision arose from a suit filed in 2008 by Lagos State and other states, challenging the powers of the federal government to legislate on lottery and games of chance, activities they argued were within the jurisdiction of state governments. The plaintiffs sought clarification on the constitutional authority over such matters, asserting that they fell under the purview of state legislatures.

Supreme Court’s Judgment

In a unanimous ruling, Justice Mohammed Idris held that the National Assembly lacked the constitutional authority to legislate on lottery and games of chance, as these powers are exclusively reserved for the Houses of Assembly of the States of the federation under the 1999 Constitution.

The court further declared that the National Lottery Act, 2005 could no longer be enforced in any state of the federation. However, it clarified that the Act remains applicable within the Federal Capital Territory (FCT), where the National Assembly has legislative competence.

Implications of the Judgment

The ruling effectively shifts regulatory powers over lotteries and games of chance from the federal government to the states. This judgment underscores the principle of federalism, reinforcing the autonomy of state governments in matters explicitly within their jurisdiction.

The decision also means that states now have full authority to regulate, license, and manage lotteries and games of chance within their territories. The judgment could prompt states to revisit and possibly update their legislation on lotteries and related activities to align with this legal development.

Conclusion

This landmark judgment by the Supreme Court settles a long-standing legal dispute between the federal government and states over jurisdiction on lotteries and games of chance. By reaffirming the constitutional division of powers, the court has provided clarity on the roles of federal and state governments, particularly in economic activities and regulatory frameworks.

Further details are expected as the implications of the ruling unfold.