National Assembly lacks capacity to enact gaming law — LASG

By Adeola Ogunrinde –

The Attorney General and Commissioner for Justice of Lagos State, Mr. Lawal Pedro (SAN), has cautioned the National Assembly against proceeding with the proposed Central Gaming Bill, describing it as unconstitutional and a direct violation of a binding Supreme Court judgment.

Speaking with journalists on Wednesday at the Ministry of Justice in Alausa, Pedro said the Bill — currently before the Senate for concurrence — was “a voyage of unconstitutionality” that could plunge the nation into a constitutional crisis.

The Bill, titled A Bill for an Act to Repeal the National Lottery Act No. 7 of 2005 and the National Lottery (Amendment) Act No. 6 of 2017, and to Enact the Central Gaming Bill to Regulate the Operation and Business of All Forms of Online and Remote Gaming Across the Geographical Boundaries of the Federating Units and Beyond the Borders of Nigeria, seeks to centralise the regulation of gaming, betting, and lotteries nationwide.

Pedro reminded the lawmakers that the Supreme Court had already settled the matter in Suit No. SC/1/2008 — AG Lagos & 22 Ors v. AG Fed & Ors — where it held that lotteries, betting, and gaming fall within the legislative competence of states, not the Federal Government. Quoting the apex court’s judgment delivered on October 13, 2024, he said: “Lotteries, betting, gaming, and any other games of chance are residual matters falling within the exclusive legislative competence of the States, except in the Federal Capital Territory.”

He further cited portions of the judgment which declared the National Lottery Act of 2005 unconstitutional and nullified it in its entirety, stressing that any attempt to reintroduce similar legislation under a new name would amount to legislating in defiance of a binding Supreme Court decision.

“Once the Supreme Court has made a decision on a subject, particularly under the Constitution, it becomes final and binding on all persons and authorities in Nigeria — including the Executive and the Legislature,” Pedro said.

He explained that the Supreme Court’s ruling had permanently restrained the Federal Government and its agencies from regulating lotteries and gaming across the states, making the matter “forever settled” unless the Constitution itself is amended. Pedro warned that passing the Bill would have grave consequences for Nigeria’s federal structure and the rule of law.

The Attorney General concluded by reaffirming Lagos State’s commitment — alongside the 22 other states that were co-plaintiffs in the case — to uphold the rule of law and resist any legislative encroachment on powers constitutionally reserved for the states.