The Supreme Court of Nigeria ruled that the National Assembly lacks the constitutional authority to regulate lottery activities within the National Lottery Act, affirming the exclusive jurisdiction of state governments over such matters. The decision highlights that lottery does not fit the definition of trade and commerce and is a residual matter not listed in the Constitution, thereby placing it within the purview of state law.
The Supreme Court of Nigeria recently deliberated on the legislative authority concerning the regulation of lottery activities in Nigeria. The Attorneys General of Lagos State and 21 other states challenged the National Assembly’s power to enact the National Lottery Act, asserting that such power is not constitutional since lottery matters are not listed under the Exclusive or Concurrent Legislative Lists. The Plaintiffs emphasized that lottery activities are residual matters exclusively under state jurisdiction, further asserting their existing state laws that govern lotteries prior to the National Act’s enactment in 2005.
The Plaintiffs asserted through their counsel that the concept of “lottery” does not align with the definition of “trade and commerce” per the Exclusive Legislative List of the Constitution. They argued that lottery, being a game of chance, lacks the characteristics traditionally associated with commercial activities that guarantee the exchange of value. Additionally, Counsel contended that engagement in lottery is speculative and does not inherently contribute to economic productivity or social justice within the state’s jurisdiction.
In contrast, the Defendants’ counsel defended the National Lottery Act, claiming it was enacted lawfully by the National Assembly under its constitutional powers to regulate commerce. They argued that while states could issue licenses, a federally structured approach maintains uniformity across Nigeria, preventing conflicting state regulations. The Defendants further asserted that the federal framework does not infringe on state rights but facilitates regulatory consistency that supports economic stability.
In its ruling, the Supreme Court declared the National Lottery Act unconstitutional, asserting that the National Assembly overstepped its legislative authority. The Court emphasized that lottery, characterized as a game of chance, does not qualify as a trade under the Constitution’s definition of economic activities. It affirmed that the absence of lottery in the legislative lists relegates the governance of such matters to state control, resulting in a decision that favors the Plaintiffs.
In conclusion, the Supreme Court’s ruling established that the regulation of lottery activities does not fall within the constitutional competence of the National Assembly, reaffirming the authority of state governments over such matters. This decision underscores the distinction between lottery and traditional economic activities and highlights the importance of adhering to stipulated legislative frameworks. The ruling indicates a significant affirmation of state jurisdiction in legislative matters not expressly assigned to the federal level, thereby solidifying the role of state governments in regulating lotteries in their territories.
Original Source: businessday.ng
