Supreme Court to hear suit on lottery regulation March 2024

The Supreme Court has scheduled March 13, 2024, to hear a lawsuit filed in 2008 by the Attorney General of Lagos State against the federal government over control and regulation of the gaming and lottery sector. A seven-man panel of justices led by Justice Kudirat Kekere-Ekun fixed this date during a resumed sitting on Monday. The Attorney General of the Federation is the first defendant, while the National Assembly is the second defendant; Attorneys General from 34 other states were joined as defendants by the Supreme Court on November 15, 2022.
Meanwhile, all processes filed out of time by defendants have been deemed duly and properly filed after being regularized unanimously by an apex court panel. Ekiti state was joined as co-plaintiff in this suit following an order made on October 6, 2020. However, an application for Oyo state’s Attorney General to join as co-plaintiff was struck out by this same panel.
Bode Olanipekun represented Lagos State government while Adetunji Osho appeared for Ekiti State. Innocent Daa’gba represented the federal government while Ifeanyi Mrialike represented National Assembly. Although attorneys general from thirty-three states were present at proceedings representing their respective states’ interests; no legal representation appeared for Kwara state despite receiving a hearing notice.
To resolve issues surrounding legal representation before next hearing dates set forth within Jigawa and Kaduna governments respectively; Mr Kekere-Ekun ordered these entities to put their houses in order accordingly.
Mr Daagba stated that since filing processes and submissions for federal government cases dating back to late last year (2020), they have been regularly processed which clears way for anticipated hearings concerning this matter speaking with judiciary correspondents at Supreme Court recently.
On August 15th last year (2022), Nigerian Lottery Regulation Commission together with Nigerian Lottery Trust Fund won case brought against them along with Lagos &various other states regarding multiple regulations implemented throughout gaming sector initiated through Bookmakers Association Nigeria seeking determination about legitimate regulators governing gaming businesses due complaints surrounding paying multiple taxes alongside licensing fees both federally &statutorily imposed upon them.
In suit number FHC/L/CS/15992020 before Justice I.N Oweibo’s ruling at Lagos High Court declared that Federal Government should be sole regulator governing affairs relating directly towards betting or chance-based games citing clear constitutional provisions indicating how lotteries fall under exclusive list thereby giving National Assembly authority legislate such matters instead.
Despite judgement rendered however there remains ongoing disputes between bookmakers &different state governments primarily involving multiple taxation systems alongside regulatory concerns.
On July19th last year (2023), Iniekenimi Oweibo presiding over Lagos Division Federal High Court ruled that exclusively through legislative powers derived from aforementioned constitution right belongs solely towards federal government thus granting them power regulate activities nationwide.
However shortly thereafter another judgement delivered within subsequent months held differing opinion stating instead matters pertaining gambling including one-chance bets remain residual category subject allowing local authorities like those found within individual regions/states maintain jurisdictional control therein.
By further amended originating summons marked SC/1/2008 plaintiffs seek declaration confirming “lottery”not included among sixty-eight items listed under Part One Second Schedule inside Constitution Federal Republic Nigeria1999(as amended). They also request confirmation via sections four(2) &(3) Constitution FRN1999(amended); only exclusionary rights belong legally constitutionally speaking towards National Assembly when enacting laws regulating operation lotteries countrywide: whereas section four(7)(a)&(c) Constitution FRN1999(amended) grants jurisdictional oversight specifically unto Lagos State House Assembly alone capable making related legislation controlling operations all forms gambling taking place locally without interference external parties whatsoever whether governmental non-governmental alike.
Furthermore plaintiffs pray courts issue declarations limiting power(s) granted onto national assembly via Sections four(4)(b),(7)(a)&299(a): exclusively restricting said body’s ability enact lawful legislation regulating operation lotteries strictly confined solely unto confines Federal Capital Territory itself regardless any future changes occurring herein pursuant newly enacted lawmaking procedures if ever needing arise again going forward hereafter…
Plaintiffs also ask courts nullify certain sections contained inside existing framework constituting entirety National Lottery Act CAP N145 Laws Federation Nigeria: particularly sections seventeen,eighteen,nineteen,twenty-one inclusive thereof rendering it unconstitutional invalid henceforth upon issuance final verdict handed down Judiciary according demands submitted herewithin above mentioned complaint currently pending review status update forthcoming.