The Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro, has raised serious constitutional objections to the Central Gaming Bill currently under consideration by the National Assembly, describing the proposed legislation as fundamentally at odds with existing constitutional provisions.
The bill, which has received approval from the House of Representatives and awaits Senate concurrence, aims to replace the National Lottery Act of 2005 with comprehensive legislation governing all forms of online and remote gaming operations across Nigeria’s states and beyond its borders.
Speaking at a media briefing held Wednesday at the Bagauda Kaltho Press Centre in Alausa, Ikeja, Pedro characterized the legislative effort as “a voyage of unconstitutionality,” arguing that it conflicts with a significant Supreme Court ruling delivered on October 13, 2024.
The attorney-general referenced the case of Attorney General of Lagos State & 22 Ors v. Attorney General of the Federation & Ors (SC/1/2008), in which Nigeria’s highest court definitively addressed the question of legislative authority over gaming matters. According to Pedro, that judgment established that lotteries, betting, gaming, and similar activities constitute “residual matters” falling exclusively within the legislative competence of state assemblies rather than the federal legislature.
Pedro cautioned legislators against pursuing the bill, warning that doing so could generate avoidable conflict and legal uncertainty. He pointed out that the Supreme Court’s 2024 ruling explicitly declared the National Lottery Act 2005 unconstitutional on the grounds that lottery regulation does not appear in either the Exclusive or Concurrent Legislative Lists contained in Nigeria’s Constitution.
The commissioner emphasized that under constitutional principles, only state governments possess authority to regulate such matters within their territories, with the federal government’s jurisdiction limited to the Federal Capital Territory.
He noted that the Supreme Court issued ten specific rulings invalidating the National Lottery Act, including a permanent injunction preventing federal authorities from implementing or enforcing the legislation within state boundaries.
Drawing attention to Sections 6(6)(b), 235, and 287 of the Nigerian Constitution, Pedro stressed that Supreme Court decisions carry binding force on all governmental branches and institutions, including both executive and legislative arms.
The attorney-general dismissed arguments suggesting that the bill’s focus on online platforms places it within federal legislative purview. He contended that the digital nature of transactions does not transform the fundamental character of gaming activities or alter their constitutional classification.
“Whether a lottery is conducted over the counter or via a mobile application, it remains a game of chance within a state’s territory,” Pedro stated, adding that online delivery mechanisms do not automatically confer federal jurisdiction.
Pedro warned that advancing the legislation would constitute defiance of binding judicial precedent and represent an encroachment on powers the Constitution reserves for states. He suggested that renewed legislative efforts on this subject would “invite constitutional chaos” and undermine the finality that Supreme Court decisions are meant to provide.
The commissioner also noted an apparent contradiction between the Senate’s consideration of this bill and broader constitutional reform discussions currently underway in the National Assembly, where numerous voices have advocated for greater devolution of powers to subnational governments.
According to Pedro, Senate approval of the Central Gaming Bill would represent contempt of court, erode federalism principles, and force states to relitigate matters already resolved by the Supreme Court. He framed the issue as extending beyond Lagos State’s interests to encompass fundamental questions about the rule of law, constitutionalism, and the integrity of Nigeria’s judicial system.
“The strength of our democracy lies not in the might of institutions, but in their obedience to the law,” Pedro observed, concluding with an appeal to senators to reject the Central Gaming Bill in the interests of legal certainty and national cohesion.
