The Lagos State government has instituted contempt proceedings at the Supreme Court against the National Assembly for disregarding a subsisting judgment of the apex court, which declared federal legislation on lottery and gaming unconstitutional.
In a motion filed by the Attorney-General through Bode Olanipekun, SAN, the Lagos State government seeks to commence enforcement proceedings against the National Assembly.
Recall that the Supreme Court in a judgement delivered in 2024 held that it is unconditional for the federal government to legislate on lottery and gaming.
In spite the Supreme court ruling, the National Assembly continued deliberation on the Central Gaming Bill, which is a variance with the Supreme Court’s earlier decision in SC.1/2008, Attorney-General of Lagos State & Ors. v. Attorney-General of the Federation & Ors., delivered on November 22, 2024.
According to the Lagos State government, however, the issuance of Form 48 serves as an official warning to any individual or institution in contempt of a court order, of which, failure to comply after its issuance may lead to the commencement of committal proceedings, which could result in imprisonment.
The state maintained that Clauses 7 and 21–64 of the proposed Bill deal exclusively with matters relating to lottery and gaming, subjects which the Supreme Court had already declared to be outside the legislative powers of the National Assembly.
Lagos contended that the provisions in the new Bill mirror those contained in the now-nullified National Lottery Act, which was struck down in the same 2024 judgment.
The affidavit also highlighted that both the voided National Lottery Act and the Central Gaming Bill define “lottery” and “online gaming” in virtually identical terms, as any game, scheme, or promotional competition based on chance, or partly on chance and skill, requiring licensing for operation.
The state government described Clause 62 of the proposed Central Gaming Bill as an attempt to revive actions taken under the repealed National Lottery Act, noting that this constitutes a direct challenge to the authority and finality of the Supreme Court’s judgment.
Lagos also pointed out that since the apex court’s 2024 ruling, neither the Exclusive nor the Concurrent Legislative Lists in the Second Schedule to the 1999 Constitution (as amended) have been amended to include “lottery” or “gaming,” reaffirming that the National Assembly lacks constitutional competence to legislate on the subject.
