The Supreme Court on Friday nullified the National Lottery Act 2005 enacted by the National Assembly on the grounds that it was made in violation of the powers donated by the Constitution to the federal Legislature.
In a unanimous judgment, a seven-member panel of the apex court held that the National Assembly lacked the powers to legislate on issues relating to lottery and games of chance.
The court held that such powers only reside with the state Houses of Assembly, which possess exclusive jurisdiction over lottery and related issues.
In the lead judgment, Justice Mohammed Idris resolved the two issues identified for determination against the Attorney General of the Federation (AGF) and one other, listed as defendants.
He granted all the reliefs sought by the plaintiffs. The judgment was on the suit, marked: SC/1/2008 filed by Lagos and some other states.
Justice Idris ordered the the National Lottery Act 2005 should no longer applied in all states, except the Federal Capital Territory (FCT), in respect of which the National Assembly is empowered to make laws.
He declared that lottery or games of chance is not one of the items on the Exclusive Legislative List contained in the Constitution in respect of which the National Assembly has the powers to make laws for the whole of the country.
The judge also declared that having regard to the clear provisions of Section 4(2) & (3) of the Constitution, the National Assembly lacks the powers make any legislation for the control and regulation of lottery in Nigeria.