LAGOS: The Lagos State Government has approached the Supreme Court seeking permission to commence contempt proceedings against the National Assembly for allegedly violating a subsisting judgment that declared federal Lotteries and Gaming bill unconstitutional.
In a motion filed by the state’s Attorney General and Commissioner for Justice, Lagos asked the apex court for leave to initiate enforcement proceedings through the issuance of Form 48 a formal legal notice served on parties in disobedience of court orders.
Under Nigerian law, Form 48 serves as a warning to an individual or institution acting contrary to a court directive, with continued defiance possibly resulting in imprisonment.
According to Lagos’ counsel, Bode Olanipekun (SAN), the National Assembly’s continued deliberation on the proposed Central Gaming Bill constitutes a direct breach of the Supreme Court’s 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 argued in its supporting affidavit that several provisions of the proposed bill particularly Clauses 7 and 21 through 64 deal with lottery and gaming, despite the Supreme Court’s earlier ruling that such matters lie exclusively within the jurisdiction of state governments.
The affidavit further stated that the new bill mirrors the now-invalidated National Lottery Act, using nearly identical definitions of lottery and online gaming and seeking to regulate games of chance or skill requiring federal licences.
Lagos also cited Clause 62 of the bill, which attempts to preserve actions previously taken under the nullified legislation, describing it as a deliberate move to undermine the Supreme Court’s authority.
The state noted that since the apex court’s 2024 ruling, the Second Schedule of the 1999 Constitution which outlines the legislative powers of the federal and state governments has not been amended to include lottery or gaming. This, it said, reinforces the position that the subject remains a state matter.
In its 2024 judgment, the Supreme Court had ruled that the regulation of lottery and gaming does not fall within the purview of the National Assembly, rejecting arguments that federal authority could be implied from Item 62 (Trade and Commerce) on the Exclusive Legislative List or from the digital and interstate nature of gaming activities.
By returning to the Supreme Court, Lagos seeks to enforce that landmark decision through contempt proceedings a move that could redefine the boundaries of federal legislative powers and reaffirm judicial supremacy within Nigeria’s constitutional framework.
