The Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro SAN, has urged the National Assembly to halt plans for the proposed Central Gaming Bill, characterising it as not only unconstitutional but also a blatant disregard for a existing Supreme Court ruling.
Speaking to journalists on Wednesday at the Lagos State Government Secretariat in Alausa, Pedro warned that the bill, which is pending concurrence by the Senate, would be a constitutional timebomb if passed, and described it as a clear case of legislative overreach.
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 reminded lawmakers that the Supreme Court had already set a precedent in Suit No. SC/1/2008, Attorney General of Lagos State & 22 Others v. Attorney General of the Federation and Others, ruling that lotteries, betting, and gaming are within the exclusive legislative domain 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 further pointed out that the Supreme Court had previously declared the National Lottery Act of 2005 unconstitutional and nullified it in its entirety. According to him, reenacting similar provisions through a new law would amount to legislative defiance of a binding Supreme Court judgment.
“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 unwavering commitment, shared by the 22 co-plaintiff states, to upholding the rule of law and safeguarding the powers reserved for states under the 1999 Constitution.
