KEY POINTS
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Lagos accuses National Assembly of defying court ruling.
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Supreme Court earlier ruled gaming under state control.
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Contempt case tests limits of federal legislative power.
The Lagos State Government has asked the Supreme Court for permission to initiate contempt proceedings against the National Assembly for allegedly violating a subsisting judgment that nullified federal control over lottery and gaming.
In a motion filed by the state’s Attorney-General and Commissioner for Justice, Lagos is seeking leave to commence judgment-enforcement proceedings through the issuance of Form 48 — the formal notice that precedes contempt or committal proceedings.
Under Nigerian law, Form 48 serves as an official warning to any person or authority acting in defiance of a court order. Continued non-compliance after service may result in imprisonment.
Lagos accuses National Assembly of breaching judgment on gaming
According to Lagos’ counsel, Bode Olanipekun (SAN), the National Assembly’s ongoing consideration of the proposed Central Gaming Bill directly contravenes the Supreme Court’s decision 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 that several provisions of the bill — notably clauses 7 and 21–64 — address lottery and gaming matters already ruled to be outside the National Assembly’s legislative powers.
It said the bill mirrors the voided National Lottery Act, struck down by the apex court in 2024, using the same definitions of “lottery” and “online gaming” as games of chance or skill requiring licences to operate.
Federal powers questioned as Lagos cites constitutional limits
Lagos also pointed to Clause 62 of the bill, which seeks to validate actions taken under the nullified law, describing it as an attempt to undermine the Supreme Court’s authority.
The state emphasized that since the 2024 judgment, there has been no constitutional amendment expanding the Exclusive or Concurrent Legislative Lists in the Second Schedule of the 1999 Constitution to include lottery or gaming.
Furthermore, the Supreme Court had ruled in 2024 that regulation of lottery and gaming lies outside federal jurisdiction, rejecting arguments that the National Assembly could legislate under Item 62 (trade and commerce) or on the basis of the interstate nature of gaming operations.
By further returning to the Supreme Court, Lagos aims to enforce that ruling through contempt proceedings — a move likely to set a precedent on the boundaries of federal power and the supremacy of judicial authority in Nigeria’s constitutional order.
