The Supreme Court of Nigeria ruled that the National Assembly lacks the authority to regulate lotteries under the National Lottery Act, 2005. The Court confirmed that lottery regulation is a residual matter, exclusive to state governments, and not covered by the Exclusive or Concurrent Legislative Lists. The ruling followed a challenge by the Attorneys General of Lagos State and 21 others, affirming states’ rights to legislate on lottery activities.
The Supreme Court of Nigeria determined that the federal government lacks the authority to regulate lotteries and gaming through the National Lottery Act, 2005. This ruling stemmed from a case involving the Attorneys General of Lagos State and 21 other states, which challenged the legislative competence of the National Assembly. The Plaintiffs argued that regulating lotteries is a residual matter, falling solely under state jurisdiction, as it is not included in the Exclusive or Concurrent Legislative Lists of the Constitution.
Prior to the National Lottery Act’s enactment, the Plaintiffs had enacted state-specific laws governing lotteries. They contended that since lotteries are not categorized as part of “trade and commerce” in the Constitution, the National Assembly’s attempts to regulate them were unconstitutional. The Plaintiffs emphasized that lotteries operate on principles of chance rather than guaranteed economic transactions, and they must therefore be considered separate from tangible economic activities.
In response, the Defendants claimed that the National Assembly’s ability to legislate on commercial matters extended to lotteries, asserting that the Act provided a unified framework to prevent conflicting state regulations. They argued that the Act did not interfere with state rights but rather promoted consistency across Nigeria’s regulatory environment. Furthermore, they posited that the President’s power to issue national lottery licenses aligned with broader regulatory mandates.
Ultimately, the Supreme Court sided with the Plaintiffs, affirming that the National Lottery Act exceeded the legislative powers of the National Assembly. The Court’s decision highlighted that lotteries do not fit within either legislative list set by the Constitution and therefore are regulated exclusively by the state governments according to the Residual Legislative List. This ruling established that the regulation of lotteries should remain within the jurisdiction of state legislatures, thereby rendering the National Lottery Act unconstitutional.
The Supreme Court of Nigeria’s ruling decisively indicated that the National Assembly does not possess the constitutional authority to regulate lottery activities, affirming the residual powers of states over such matters. This landmark decision underscores the importance of legislative jurisdiction and the role of state governments in regulating activities not explicitly granted to the federal government by the Constitution. As a result, it reinforces the autonomy of state legislators in overseeing the regulation of lotteries within their jurisdictions.
Original Source: businessday.ng
