The Lagos State Attorney General and Commissioner for Justice, 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 subsisting Supreme Court judgment.
Addressing journalists on Wednesday at the Lagos State Government Secretariat, Alausa, Pedro said the bill, currently awaiting Senate concurrence, represents “a voyage of unconstitutionality” that could trigger a constitutional crisis if passed.
The proposed legislation, 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, however, reminded lawmakers that the Supreme Court had long settled the matter in Suit No. SC/1/2008, Attorney General of Lagos State & 22 Others v. Attorney General of the Federation and Others, where it ruled that lotteries, betting, and gaming fall under the exclusive legislative jurisdiction of state governments, not the Federal Government.
Quoting the apex court’s ruling delivered on 13 October 2024, Pedro stated: “Lotteries, betting, gaming, and other games of chance are residual matters falling within the exclusive legislative competence of the states, except in the Federal Capital Territory.”
He also noted that the Supreme Court had declared the National Lottery Act of 2005 unconstitutional and nullified it in its entirety, describing any attempt to reenact similar provisions through a new law as “legislating in defiance of a binding Supreme Court decision.”
“Once the Supreme Court has spoken on a constitutional issue, its decision is final and binding on all authorities and persons in Nigeria, including the Executive and Legislature,” Pedro emphasised.
The Attorney General stressed that the Supreme Court’s judgment permanently restrained the Federal Government and its agencies from regulating gaming and lotteries in the states, adding that the only way to alter that position would be through a constitutional amendment.
Responding to arguments that the bill only covers online gaming, Pedro said: “Does ‘online’ make it federal? Whether a ticket is sold in a shop or through a mobile app, it remains a game of chance within the state’s jurisdiction.”
He warned that passing the bill would undermine Nigeria’s federal structure and the rule of law, insisting that such a move would compel states to return to the Supreme Court to defend their constitutional rights.
“It would amount to overstepping constitutional boundaries and encroaching upon state powers. The Senate should reject concurrence with this Bill in the interest of federalism, constitutionalism, and national stability,” Pedro stated.
The Attorney General reaffirmed Lagos State’s and the 22 co-plaintiff states’ commitment to upholding the rule of law and protecting powers reserved for the federating units under the 1999 Constitution.
“This issue is not about Lagos State alone. It is about safeguarding the integrity of the Supreme Court and preserving Nigeria’s federal system. The strength of our democracy lies not in the might of any arm of government but in our collective respect for the rule of law,” he added.
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