The Lagos State Government has faulted the move by the National Assembly to repeal the National Lottery Act and replace it with the proposed Central Gaming Bill, describing it as a direct violation of the Nigerian Constitution and a subsisting judgement of the Supreme Court.

Attorney-General and Commissioner for Justice, Lawal Pedro, SAN, warned at a press briefing in Lagos on Wednesday that the Bill, now before the Senate, after passage by the House of Representatives, amounts to legislative overreach and a potential trigger for constitutional crisis.

Pedro explained that the Bill, which seeks to regulate all forms of online and remote gaming across the country, directly contradicts a Supreme Court judgement delivered on October 13, 2024, in a suit filed by Lagos State and 22 other states against the Attorney-General of the Federation.

According to him, the apex court had ruled unequivocally that gaming, lotteries and betting are residual matters within the exclusive jurisdiction of state governments, except in the Federal Capital Territory.

“As the Chief Law Officer of Lagos State, it is both my constitutional duty and responsibility to draw the nation’s attention to the voyage of unconstitutionality embarked upon by the National Assembly to enact Act to Regulate the Operation and Business of All Forms of Online and Remote Gaming Across the Geographical Boundaries of the Federating Units and Beyond the Borders of Nigeria.

“This Bill had earlier been passed by the House of Representatives and is now before the Senate for concurrence and on Wednesday, 8th October 2025, the Senate of the Federal Republic of Nigeria held a concurring session on a proposed legislation titled:

“A Bill for an Act to Repeal the National Lottery Act No. 7 of 2005 and the National Lottery (Amendment) Act No. 6 of 2017, and to Enact the Central Gaming Bill to Regulate the Operation and Business of All Forms of Online and Remote Gaming Across the Geographical Boundaries of the Federating Units and Beyond the Borders of Nigeria, Provide for the Conduct of Gaming in the Federal Capital Territory, and Enhance Revenue Generation for the Federation and for Related Matters.”

“Nigerian would recall that on the 13th October 2024 the Supreme Court of Nigeria delivered a judgement in the case Suit No. SC/1/2008 – AG LAGOS & 22 ORS V. AG FED & 13 ORS in favour of Lagos State and 22 other State.

In that landmark judgment, the Supreme Court held 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”

“Perhaps the respected members of the National Assembly in particular in the House of Representatives that passed the Bill and some members of the Senate who are in support of the Bill may not have read the judgment of the Supreme Court on the subject”.

He added that the court also granted a perpetual injunction restraining the Federal Government and its agencies from enforcing the National Lottery Act or any similar legislation within the territory of any state.

Pedro warned that the proposed Bill, if passed, would not only defy this ruling but also undermine the foundation of Nigeria’s federal structure.

“Any attempt to legislate again on the same subject amounts to defiance of the Supreme Court, a violation of the Constitution and an invitation to constitutional chaos,” he said.

The Attorney-General also faulted claims by some lawmakers that online or remote gaming falls under federal jurisdiction because of its cross-border nature.

He said: “Online does not mean federal. If online activity automatically becomes federal, then the United Nations should regulate it globally. The use of technology does not alter the legal character of gaming, which remains a state matter whether done physically or virtually.”

Pedro further cautioned that the proposed Central Gaming Bill could open the floodgates of gambling activities even in states where cultural or religious values prohibit such practices.

“If the Bill becomes law, it will allow operators to set up gaming businesses across all states, including those where gambling is forbidden by religion or tradition. This could create social tension and conflict,” he warned.

He described the National Assembly’s move as inconsistent with its current nationwide consultation efforts aimed at devolving more powers to subnational governments.

“It will be a contradiction of spirit and purpose for the same National Assembly that is canvassing devolution of powers to now attempt to reclaim powers already affirmed by the Supreme Court to belong to the states,” he said.

Pedro reaffirmed Lagos State’s commitment, alongside 22 other states, to resist any legislative or executive action that undermines the integrity of the Supreme Court and the autonomy of state governments.

“This is not about Lagos State alone,” he said. “It is about Nigeria, about protecting the integrity of the Supreme Court and preserving the federal structure as guaranteed by the Constitution.”

He urged the National Assembly to withdraw the proposed Central Gaming Bill in the interest of constitutional order and national stability.

“The rule of law is the soul of democracy. Our democracy will remain strong only if we respect the Constitution and the finality of Supreme Court decisions,” Pedro concluded (Channels TV)