The Lagos State Government has filed a motion before the Supreme Court seeking leave to commence contempt proceedings against the National Assembly for allegedly violating a subsisting judgment that declared federal control over lottery and gaming unconstitutional.
The application, filed by the Lagos State Attorney-General through Bode Olanipekun, SAN, requests permission to issue Form 48, a formal notice of disobedience to court orders. The form serves as a warning to parties in contempt and, if ignored, can lead to committal proceedings and possible imprisonment.
In the supporting affidavit, Lagos State argued that the National Assembly’s ongoing deliberations on the Central Gaming Bill directly contravene the Supreme Court’s earlier judgment in SC.1/2008 – Attorney-General of Lagos State & Ors. v. Attorney-General of the Federation & Ors., delivered on November 22, 2024.
The state maintained that several sections of the proposed Bill — particularly Clauses 7 and 21–64 — deal with lottery and gaming, subjects the apex court had already ruled to be outside federal legislative competence. It noted that the provisions closely resemble those in the now-nullified National Lottery Act.
According to Lagos, both the repealed National Lottery Act and the new Central Gaming Bill define “lottery” and “online gaming” in nearly identical terms, covering any scheme or competition based on chance or partly on skill, which requires licensing for operation.
The government further described Clause 62 of the proposed Bill as an attempt to revive actions under the repealed Act, calling it a direct challenge to the Supreme Court’s authority and final judgment.
Lagos also emphasized that since the 2024 ruling, no amendment has been made to the Exclusive or Concurrent Legislative Lists in the 1999 Constitution to include “lottery” or “gaming.” This, it said, reaffirms that the National Assembly has no constitutional power to legislate on the matter.
In the 2024 decision, the Supreme Court had held that lottery and gaming are within the jurisdiction of state governments, rejecting the argument that the federal government could legislate on the matter through trade and commerce powers or because of interstate operations.
By approaching the Supreme Court again, Lagos seeks to enforce that landmark judgment through contempt proceedings — a move that could redefine the scope of legislative powers between the federal and state governments and reinforce judicial authority in Nigeria’s constitutional framework.
