…Online gaming bill unconstitutional, Lagos AG cautions N’Assembly
BENJAMIN OMOIKE
LAGOS, Nigeria — The Attorney General and Commissioner for Justice of Lagos State, Mr. Lawal Pedro, has issued a constitutional warning to the National Assembly over its ongoing efforts to pass the Central Gaming Bill currently before the Senate.
This was contained In a strong-worded press briefing on Wednesday, while speaking at the Bagauda Kaltho Press Centre in Alausa, Ikeja, Lagos.
Pedro described the proposed legislation as “a voyage of unconstitutionality,” arguing that it directly contravenes a landmark judgment delivered by the Supreme Court of Nigeria on October 13, 2024, in Attorney General of Lagos State & 22 Ors v. Attorney General of the Federation & Ors (SC/1/2008).
The Bill, already passed by the House of Representatives and slated for concurrence by the Senate, seeks to repeal the National Lottery Act of 2005 and enact a new law titled: A Bill for an Act 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.
The Attorney General noted that, while framed to address online and remote gaming, the Bill violates clear constitutional boundaries as interpreted by the apex court. He emphasized that the Supreme Court, in its 2024 judgment, decisively held that lotteries, betting, gaming, and other games of chance are “residual matters” — subjects within the exclusive legislative competence of State Houses of Assembly, not the National Assembly.
“The Supreme Court ruled unequivocally that the National Lottery Act 2005 was unconstitutional,” he stated. “Lottery is not listed in the Exclusive or Concurrent Legislative Lists in the Constitution, and as such, only State Governments — and not the Federal Government — may regulate or legislate on such matters, except within the Federal Capital Territory.”
He cited multiple sections of the judgment, highlighting ten specific rulings that declared the National Lottery Act null and void, including a perpetual injunction restraining the Federal Government and its agencies from enforcing or implementing the Act within State territories.
“Once the Supreme Court has made a decision under the Constitution, it becomes final and binding on all persons and authorities — including the Executive and the Legislature,” the Attorney General noted, referencing Sections 6(6)(b), 235, and 287 of the Nigerian Constitution.
He dismissed the argument that the Bill concerns “online” gaming and therefore falls under federal purview, asserting that the mode of transaction — digital or physical — does not alter the legal character of the activity.
“Whether a lottery is conducted over the counter or via a mobile application, it remains a game of chance within a State’s territory. ‘Online’ does not mean ‘Federal,’” he said.
He warned that proceeding with the Bill would amount to defying a binding Supreme Court ruling and encroaching on the powers constitutionally reserved for the States.
“To now attempt to legislate again on the same subject is to defy the Supreme Court, to violate the Constitution, and to invite constitutional chaos,” he warned.
The Attorney General expressed concern that the Senate’s move contradicts the current national sentiment and constitutional review process being undertaken by the National Assembly, which has seen growing calls for devolution of powers to subnational governments.
He stressed that the Senate’s concurrence with the Bill would: Represent contempt of court; Erode the principle of federalism; Force States to return to court on an already settled matter, undermining the finality of Supreme Court decisions.
“This is not just about Lagos State. It is about Nigeria. It is about the Rule of Law, constitutionalism, federalism, and the integrity of the Supreme Court. The strength of our democracy lies not in the might of institutions, but in their obedience to the law,” he said.
The Attorney General concluded by urging the Senate to reject the Central Gaming Bill (HB.2062) in the interest of legal certainty and national unity.
