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Lagos Attorney-General Warns Senate: Central Gaming Bill Violates Supreme Court Judgment, Threatens Federalism

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 a “voyage of unconstitutionality” and a direct violation of a subsisting Supreme Court judgment that vests control of lotteries, gaming, and betting exclusively in the states.

Pedro issued the warning on Wednesday during a news briefing at Bagauda Kaltho Press Center in Alausa, Ikeja, attended by top government officials, including the Commissioner for Information and Strategy, Mr. Gbenga Omotosho; Solicitor-General and Permanent Secretary, Mr. Hamid Oyenuga; and the Managing Director of the Lagos State Lotteries Board, Mr. Bashir Are.

The Attorney-General referenced the landmark Supreme Court judgment of October 13, 2024, in Suit No. SC/1/2008 – AG Lagos & 22 Ors v. AG Federation & 13 Ors, in which the apex court ruled that lotteries, gaming, and betting are residual matters under the 1999 Constitution, and therefore fall solely within the legislative competence of state governments — except in the Federal Capital Territory.

“The Supreme Court has spoken clearly and finally,” Pedro said.

“It declared the National Lottery Act unconstitutional and restrained the Federal Government and its agencies from regulating gaming and lotteries across the states. To attempt to legislate again on the same subject is to defy the Supreme Court, violate the Constitution, and invite constitutional chaos.”

Pedro criticized proponents of the Central Gaming Bill for arguing that it differs from previous legislation because it focuses on online and remote gaming.

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“My question to them is: does ‘online’ mean ‘federal’? Whether a ticket is sold across a counter or through a mobile app, it remains a game of chance conducted within a state. Technology has not changed the character of the activity,” he stated.

Quoting extensively from the Supreme Court’s judgment, the Lagos Attorney-General reminded lawmakers that the apex court had nullified the National Lottery Act 2005 and issued perpetual injunctions restraining the Federal Government from enforcing it within state territories.

“Once the Supreme Court makes a decision on a constitutional matter, it becomes final and binding on all persons and authorities in the Federal Republic of Nigeria — including the Executive and the Legislature,” he said.

Pedro added that the National Assembly lacks the power to indirectly overturn the judgment without first amending the Constitution to include lotteries and gaming in the Exclusive Legislative List.

The Attorney-General warned that proceeding with the Bill would have far-reaching implications.

“First, it would amount to legislating in defiance of a binding Supreme Court decision — the highest expression of contempt of court. Second, it would overstep constitutional boundaries and encroach upon state powers. Third, it would force the states to return to the Supreme Court on a matter already conclusively decided,” he said.

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Pedro noted that while the National Assembly is currently engaged in efforts to amend the Constitution in response to nationwide calls for devolution of powers, the proposed Bill would “do the opposite” by centralizing authority that rightly belongs to the states.

He urged the Senate to decline concurrence to the Bill (HB.2062), which seeks to repeal the National Lottery Act 2005 and enact the Central Gaming Bill to Regulate the Operation and Business of All Forms of Online and Remote Gaming Across Nigeria.

“This is not about Lagos State,” Pedro declared. “It is about Nigeria — about protecting the integrity of the Supreme Court and preserving our federation as envisioned by the Constitution. The strength of our democracy lies not in the might of any institution, but in the Rule of Law.”

The Attorney-General concluded by reaffirming Lagos State’s commitment to defending constitutionalism, federalism, and judicial authority in the country.

The Central Gaming Bill, which has already passed the House of Representatives and is now before the Senate for concurrence, seeks to establish a unified federal framework for regulating online and remote gaming across Nigeria.

However, critics argue that it conflicts with the Supreme Court’s 2024 ruling, which reaffirmed the states’ exclusive powers over lotteries and gaming activities within their territories.

 

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Akinlade I. WAHAB is a dedicated journalist and the proprietor of I-WAHAB Media. He embarked on his career at Murhi International TV (MiTV) and subsequently joined Radio Nigeria as a Judicial Correspondent.With a profound interest in legal reporting, he currently holds the positions of Chairman at the National Association of Judicial Correspondents (NAJUC), Ikeja Branch, and Chairman at the Nigeria Union of Journalists (NUJ), Radio Nigeria Chapel.As the owner of I-WAHAB Media, he has successfully established Top Court News, a platform renowned for providing comprehensive coverage of court cases and legal developments, with the aim of promoting transparency within the judicial system.Akinlade's diligent work and unwavering commitment to ethical reporting have earned him immense respect within the Nigerian journalism community.

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