In a significant legal development, the Supreme Court of Nigeria has ruled that lottery operations are not exclusively governed by the National Assembly’s Exclusive Legislative List as outlined in the 1999 Constitution (as amended). This landmark judgment came in the case of Attorney General of Lagos State v. National Sports Lottery LTD and NSL Lottery Management Co. LTD.
On March 31, 2023, a five-judge panel of the Supreme Court, led by Hon. Justice Mohammed Lawal Garba, delivered the judgment. The certified true copy of the decision was obtained recently. The ruling carries considerable weight for the regulation of lottery and gaming activities in Lagos State, strengthening the authority of the Lagos State Lotteries and Gaming Authority.
The case originated from a dispute over whether the National Sports Lottery Limited could legally conduct lottery activities within Lagos State without first obtaining a license from the Lagos State Government. The Lagos State Lotteries Law of 2004 stipulates that such a license must be obtained from the Executive Governor of Lagos State.
Initially, the Lagos State High Court addressed the issue, ruling on the jurisdictional matters surrounding the case. However, a preliminary objection challenging the court’s jurisdiction was overruled and dismissed. The case was subsequently appealed, and the Court of Appeal ruled in favor of the appeal. The Court of Appeal determined that the Lagos State Government’s case was essentially challenging a federal administrative action, not a state matter.
The Supreme Court’s decision overturned the Court of Appeal’s ruling. The apex court concluded that the case was centered on the interpretation and application of Lagos State’s 2004 laws related to the National Sports Lottery Limited’s operations. It ruled that the issues in question did not fall under the National Assembly’s exclusive legislative authority as defined by Section 251 of the Constitution. Instead, they pertained to the jurisdiction of the Lagos State High Court as per Section 272 of the Constitution.
The Supreme Court emphasized that the suit was not intended to address matters within the Exclusive Legislative List of the National Assembly. This assertion confirmed that the Lagos State High Court had proper jurisdiction over the matter. The court’s ruling highlighted that the suit did not seek to challenge federal laws or decisions but was concerned with the application of Lagos State’s regulations.
The Supreme Court’s decision affirmed the authority of the Lagos State Lottery and Gaming Authority, reinforcing its role in regulating lottery and gaming activities within the state. This ruling is a pivotal moment for the regulation of such activities, marking a clear distinction between federal and state jurisdiction in these matters.
The judgment has far-reaching implications for how lottery and gaming operations are managed in Lagos State. It underscores the autonomy of state authorities in overseeing these activities and ensures that state regulations are upheld. The decision also reflects the broader commitment of Nigeria’s federal system to uphold legal principles and protect the interests of its citizens.
In summary, the Supreme Court’s ruling in Attorney General of Lagos State v. National Sports Lottery LTD & NSL Lottery Management Co. LTD represents a crucial development in Nigerian legal history. It reaffirms the authority of state regulators and clarifies the boundaries of legislative jurisdiction concerning lottery and gaming operations. This landmark decision is a testament to the dedication of Nigeria’s judicial system in addressing complex legal issues and ensuring the proper application of laws across different levels of government.
