Supreme Court has ruled to nullify the National Lottery Act of 2005, stating that it was enacted beyond the constitutional powers granted to the National Assembly. In a unanimous judgment, the Court emphasized that only state legislatures have the authority to regulate lottery and games of chance within their territories, excluding the Federal Capital Territory (FCT), where the National Assembly retains its power.

Justice Mohammed Idris delivered the lead judgment, affirming that the National Assembly’s attempt to control and regulate lotteries nationwide was in violation of the Constitution. He ruled that lottery and related activities do not fall under the Exclusive Legislative List, which is reserved for the federal government’s jurisdiction. Instead, these matters fall solely under the domain of state Houses of Assembly.

The case, which was brought forward by the Lagos State Government and several other states, questioned the constitutional validity of the National Lottery Act. Justice Idris ordered that the Act be deemed inoperative across all states, except the FCT, as it conflicts with constitutional provisions that grant state legislatures the exclusive right to legislate on matters related to lottery and games of chance.

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The decision has significant implications for the regulation of lottery activities in Nigeria. The Court’s ruling asserts that the National Assembly does not have concurrent legislative power with state governments on this matter, reinforcing the autonomy of states in managing such affairs.

Justices Uwani Abba-Aji, Mohammed Lawal Garba, Emmanuel Agim, Simon Tsammani, Stephen Adah, and Jamilu Tukur all concurred with the lead judgment, marking a decisive shift in the legal landscape for lottery regulation in Nigeria.