From left: MD/CEO, Lagos State Lottery Board Mr. Bashir Abiola- Are; Solicitor General and Permanent Secretary Ministry of Justice, Mr. Ahmed Oyenuga; Attorney General and Commissioner for Justice, Mr Lawal Pediro and Commissioner for Information and Strategy, Mr. Gbenga Omotoso, during the Press Conference on the proposed central gaming bill and the Supreme Court judgment in suit No. SC /1/2008-AG Lagos & 22 ORS V. .AG FED & ORS, at Press Center Alausa, Ikeja, Lagos.
By Kayode Olopade
The Lagos State Attorney-General and Commissioner for Justice, Mr. Lawal Pedro, SAN, has faulted the proposed Central Gaming Bill before the National Assembly, describing it as unconstitutional and in direct conflict with a binding judgment of the Supreme Court of Nigeria.
Pedro made this known on Wednesday during a press briefing at Bagauda Kaltho Press Centre in Alausa, Ikeja.
The briefing was attended by the Commissioner for Information and Strategy, Mr. Gbenga Omotosho; Solicitor-General and Permanent Secretary, Mr. Hamid Oyenuga; Managing Director/CEO, Lagos State Lotteries Board, Mr. Bashir Are; directors, law officers, and members of the press.
The Attorney-General warned that the proposed Bill, which seeks to regulate all forms of online and remote gaming across Nigeria, “amounts to a voyage of unconstitutionality” and violates the 1999 Constitution (as amended) as well as a subsisting Supreme Court judgment delivered in Suit No. SC/1/2008 – AG Lagos & 22 Ors v. AG Fed & Ors.
He recalled that the Supreme Court, on October 13, 2024, ruled unequivocally that “lotteries, betting, gaming, and any other games of chance are residual matters falling within the exclusive legislative competence of the States, except in the Federal Capital Territory (FCT).”
Pedro noted that the apex court had also declared the National Lottery Act, 2005 unconstitutional and issued a perpetual injunction restraining the Federal Government and its agencies from enforcing or implementing its provisions within the territories of the 23 States that were plaintiffs in the suit.
“The National Assembly lacks the vires to legally and constitutionally make any law to regulate and control the operation of lotteries and gaming in Nigeria, except within the FCT,” the Attorney-General reiterated.
He emphasized that the judgment, having been delivered by the Supreme Court, remains final and binding on all persons and authorities under Sections 6(6)(b), 235, and 287 of the Constitution, including the Executive and the Legislature.
“Once the Supreme Court has made a decision on a subject under the Constitution, it becomes final. Any attempt by the National Assembly to enact another law on the same subject without first amending the Constitution amounts to defiance of the court and an assault on the Rule of Law,” Pedro said.
The Lagos AG dismissed arguments that the Bill’s focus on online and remote gaming makes it distinct from the previously nullified National Lottery Act, stating that technological means of operation do not alter the constitutional character of the activity.
“Whether a lottery ticket is sold over a counter or through a mobile app, the essential activity remains the same — a game of chance conducted within the territory of a State. The use of technology does not make a matter federal,” he declared.
Pedro warned that if the National Assembly proceeds with the passage of the Bill, the consequences would be “grave,” including legislative contempt of a binding Supreme Court decision, constitutional overreach, and a potential return to litigation that could undermine the finality of Supreme Court judgments.
He urged the Senate to decline concurrence to the Central Gaming Bill (HB.2062) in the interest of constitutionalism, federalism, and national stability.
“This is not about Lagos State; it is about Nigeria — about protecting the integrity of the Supreme Court and preserving the federation as the Constitution envisions it,” he stated.
The Attorney-General commended ongoing efforts by the National Assembly to amend the Constitution to devolve more powers to the States, but described the Central Gaming Bill as a contradiction of that objective.
“The cry across the nation is for devolution of powers, not for their concentration at the centre,” he concluded, reaffirming Lagos State’s commitment to the rule of law and the supremacy of the Constitution.
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