BREAKING: Supreme Court Nullifies National Lottery Act

The Supreme Court has nullified the National Lottery Act 2005 enacted by the National Assembly.

In a unanimous judgment today, Friday, November 22, a seven-member of the apex court, held that the National Assembly lacked the powers to legislate on issues relating to lottery and games of chance, reports The Nation.

The court held that such powers only reside with the state Houses of Assembly, which possess exclusive jurisdiction over lottery and games of chance.

The lead judgment by Justice Mohammed Idris ordered that the National Lottery Act 2005 should no longer be enforced in all states, except the Federal Capital Territory (FCT), in respect of which the National Assembly is empowered to make laws.

The judgment was on the suit filed in 2008 by Lagos and some other states.

In the lead judgment delivered by Justice Mohammed Idris, the apex court held that the National Assembly lacked the powers to legislate on issues relating to lottery and games of chance.

Other panel members are Justice Uwani Abba-Aji (who presided), Justice Mohammed Garba, Justice Emmanuel Agim, Justice Simon Tsammani, Justice Stephen Adah, and Justice Jamilu Tukur.

The panel agreed that such powers only reside with the state Houses of Assembly, which possess exclusive jurisdiction over lottery and games of chance and other related issues.

The apex court in its judgment resolved two issues identified for determination against the Attorney General of the Federation and one other, listed as defendants.

The court granted all the reliefs sought by the plaintiffs while delivering judgment in the suit, marked: SC/1/2008 filed by Lagos State and some others.

The court also declared 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.

The court also declared that, having regard to the provisions of Section 4(4)(a) & (b) and Part 2 of the second schedule of the constitution, matters relating to the 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 regard 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 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.

He proceeded to issue an order nullifying the entirety of the National Lottery Act.

Justice Idris also issued an 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.

He further issued an order of perpetual injunction restraining the first defendant, its agents, or agencies of the Federal Government from continuing to implement or enforce the provisions of the act within the territories of the plaintiff states

The judge made no order as to cost.