The central issue in the case was determining whether the gaming and lottery sector falls under the Exclusive Legislative List, the Concurrent Legislative List, or the Residual Legislative List of the Nigerian constitution.
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Therefore, the court ordered that the National Lottery Act 2005 should no longer apply in any state of the federation, Channels Television Laying the 15-year-old legal dispute to rest in its judgement on Friday, the Supreme Court held that only the state Houses of Assembly have exclusive jurisdiction over lottery and related issues, thereby placing the issue under the residual list.It resolved the two focal issues raised for determination in the suit against the two respondents and granted all the state governments’ prayers.
In particular, the court declared that sections 17, 18, 19 and 20 and 21 of the National Lottery Act 2005 are inconsistent with the constitution, adding that the National Lottery Act is inconsistent with the provisions of the Nigerian constitution.It also issued an order of perpetual injunction restraining the first defendant and his agents and agencies of the federal government from implementing the provisions of the National Lottery Act within the territories of the plaintiff’s states.
The Attorney General of Lagos State commenced the suit at the Supreme Court in 2008, following disputes with the federal government over the control and regulation of the gaming and lottery sector. They also sought a declaration that the National Assembly lacked the power to legally and constitutionally make any law to regulate and control the operation of lottery in Nigeria.Prior to Friday’s final decision of the Supreme Court, the disputes over the regulation of the gaming and lottery sector had thrown up two separate suits leading to conflicting decisions.
The suit sought by virtue of sections 4, and 299 of the Nigerian constitution, the power of the National Assembly to make laws to regulate and control the operation of lottery is limited by the 1999 Constitution to only the Federal Capital Territory.
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