UPDATED: Supreme Court nullifies National Lottery Act

UPDATED: Supreme Court nullifies National Lottery Act

The Supreme Court, on Friday, nullified the National Lottery Act 2005 enacted by the National Assembly. A seven-member panel of the Supreme Court in a unanimous judgment held that the National Lottery Act 2005 should no longer be enforced in all states, except the Federal Capital Territory, in respect of which the National Assembly is

The Supreme Court, on Friday, nullified the National Lottery Act 2005 enacted by the National Assembly.
A seven-member panel of the Supreme Court in a unanimous judgment held that the National Lottery Act 2005 should no longer be enforced in all states, except the Federal Capital Territory, in respect of which the National Assembly is empowered to make laws.
The apex court, in the lead judgment delivered by Justice Mohammed Idris, held that the National Assembly lacked the powers to legislate on issues relating to lottery and games of chance.

Other members of the panel 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.

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