In what may be another instance of Nigeria’s judicial restructuring, the Nigerian Supreme Court on Friday, November 22, struck down the National Lottery Act, which the National Assembly had passed in 2005.
The Supreme Court’s decision stemmed from a lawsuit filed in 2008 by Lagos State and several other states that challenged the Federal Government’s authority to regulate lotteries and games of chance throughout the country.
The Supreme Court ruled unanimously, with a panel of seven justices, that the National Assembly did not have the authority to enact laws concerning lotteries and other games of chance. The court held that only the Houses of Assembly of the individual states in the federation possess this authority and have jurisdiction over matters related to lotteries.
Therefore, the National Lottery Act of 2005 should no longer be enforced in all states except the Federal Capital Territory (FCT), where the National Assembly does hold authority. Justice Mohammed Idris articulated this conclusion in the court’s lead judgment.
As a result of this ruling, the highest court in the land has effectively rendered all lotteries and games of chance operations in Nigeria, which were licensed by the National Lottery Regulatory Commission (NLRC) created under the National Lottery Act, illegal.
The ruling effectively delegates power to the states, lightening the federal influence on subnational governments. This is a major step towards the restructuring of the country that has previously eluded the political class.
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