The Lagos State Government has warned the Senate to halt plans to centralize the regulation of gaming and lottery through the proposed Central Gaming Bill, describing the move as unconstitutional and a violation of a Supreme Court judgment that places such powers under state control.
The warning came in response to the Senate’s consideration of the Central Gaming Bill, which seeks to repeal the National Lottery Act and extend federal authority over online and remote gaming nationwide.
Speaking at the Bagauda Kaltho Press Centre, Alausa, Ikeja, the Attorney General and Commissioner for Justice, Lawal Pedro (SAN), on Wednesday, warned that if the National Assembly proceeds with the Bill, “the consequences would be grave.”
Pedro said the Bill would defy a Supreme Court ruling, amounting to contempt of court, violate the Constitution by infringing on state powers, and reopen an issue the Court had already settled, thereby undermining the finality of its decisions.
He noted that while the National Assembly is consulting Nigerians on constitutional amendments to devolve more powers to subnational governments, the proposed Bill contradicts that goal by seeking to centralize powers already vested in the states.
“The Rule of Law is not just a legal principle; it is the soul of democracy. It requires that we respect final judicial pronouncements and uphold the separation of powers among the three arms of government,” Pedro said.
Describing the Senate’s move as a “voyage of unconstitutionality,” the Commissioner stressed that the National Assembly lacks the power to regulate gaming across the federation or beyond Nigeria’s borders, except within the Federal Capital Territory (FCT).
He argued that lotteries, betting, and gaming are residual matters reserved for state governments under the Constitution.
“Lottery and gaming activities, while generating revenue, do not fall within the category of core economic activities envisaged under Section 16(4)(b) of the Constitution and therefore cannot be regulated by an Act of the National Assembly,” he said.
Pedro added that although the legislature may amend a law to override a court judgment, the underlying law in this case is the Constitution, which has not been amended to include gaming or lotteries in the Exclusive Legislative List.
“Some proponents of the Bill argue that it is different because it seeks to regulate online lotteries and gaming. My question to them is whether ‘online’ means ‘federal’ or ‘global,’” he said. “With due respect, that argument is constitutionally and legally baseless. Whether a lottery ticket is sold across a counter or through a mobile app, the essential activity remains the same,a game of chance conducted within a state.”
Pedro recalled that the Supreme Court had granted a perpetual injunction restraining the Federal Government and its agencies from regulating gaming and lotteries nationwide, stressing that the judgment permanently settled the matter unless the Constitution is amended.
