Lagos, Senior Lawyers Hail Supreme Court’s Judgement on National Lottery Act

*Say it’s victory for rule of law, seek review of Nigeria’s federalism

Alex Enumah in Abuja and Segun James in Lagos

The nullification of the National Lottery Act by the Supreme Court at the instance of Lagos has continued to receive reactions, with the state government as well as senior lawyers, yesterday hailing it as one of the most impactful interventions in the evolution of the judiciary in Nigeria’s quest for true federalism.
Aside Bode Olanipekun (SAN), counsel to Lagos State in the suit,  who spoke exclusively on the matter to THISDAY yesterday night,  others who bared their mind on the Supreme Court decision included constitutional lawyer and human rights advocate, Prof Mike Ozekhome (SAN) and Mr Ahmed Raji (SAN).
Olanipekun,  described the judgment of the Supreme Court “as another watershed in the annals of the nation’s historical evolution and an example of the fidelity of the Nigerian legal infrastructure to federalism in the Nigerian context.”

Lagos state had, through its counsel, approached the Supreme Court to seek a total of 11 reliefs anchored on the contention that the National Assembly can only legislate on Lottery for the Federal Capital Territory (FCT), Abuja.
After initiating the suit, the Supreme Court on  November 15, 2022 ordered that all other states of the Federation be joined as parties. Consequently, 21 other states aligned with Lagos State, while 14 states took sides with the federal government.

At the heart of the contention of Lagos state through its lawyers was that lottery is neither contained in the exclusive nor concurrent legislative lists to invest the National Assembly with the power to legitimately legislate on it or regulate it within the territory of the states.

The counter position of the federal government (and the states aligned with it) in the presentation by their lead counsel, Abdul Rafindadi (SAN) was that lottery was a significant revenue earner for the government and forms a part of trade and commerce between states because of its trans-border nature enhanced by technology and online betting and therefore can be accommodated under the exclusive legislative list.
Olanipekun had maintained that lottery does not contain elements of contract, buying and selling to classify it as part of trade and commerce between states.

 Olanipekun further said:  “The Justices of the Supreme Court have by this landmark judgement launched Nigeria onto the path of restructuring of the over-centralised federal system. This is historic and this is a victory for true federalism. “
But in its landmark decision on November 22, the Supreme Court agreed with Lagos state that under Nigeria’s model of federalism, the National Assembly cannot legislate on lottery operations within the states. The decision of the Supreme Court was given by a full panel of seven justices and the lead judgment delivered by Hon. Justice Mohammed Idris.

The decision of the Supreme Court which is a watershed, introduces a newer perspective into the conversation on fiscal and legislative federalism within the Nigerian construct.
Olanipekun further declared: “The judgment would have a redefining impact on the revenue generation of states, given the recent increase in lottery practice and engagements.”

He added that it also “objectivises” the much mouthed campaign against excessive centralisation of the polity, as same is antithetical to the philosophical ideals of federalism.
For his part, Ozekhome, who described the judgement as a ‘very good decision’ remarked that, “Our federalist union does permit the federal government making incursions and intrusions into matters that have been exclusively reserved for states by the constitution”.
According to the law professor, lottery and gaming are not included in the 67 items of the exclusive legislative list of the constitution.

“The warped unitary system that passes for a federalist system must be broken down and recalibrated,” Ozekhome said, describing the apex court’s decision as “one of such several ways of dismantling the un-working edifice”.
Also speaking, another senior lawyer, Raji, clarified that the Supreme Court rather limited the application of the law to the Federal Capital Territory (FCT).
“The law was not nullified. The supreme court ruled the law is only applicable in FCT and does not apply in the 36 states of the federation because under the constitution, lottery and gaming fall under residual matters over which the states have exclusive power,” he argued.
Speaking further on the implication of the judgement, the senior lawyer observed that it has put a stop to situations where the federal government has been benefiting from the Act over the years.
Also yesterday, the Lagos state government applauded the decision of the Supreme Court, saying the judgement was a historic victory for the rule of law, federalism, and the constitutional rights of states.
The state government in a statement by the Commissioner for Information and Strategy, Mr. Gbenga Omotoso, said that the judgement was a vindication of the consistent belief of President Bola Tinubu, regarding the nation’s quest for true federalism.

He said: “It is gratifying to see that the restructuring battle he has led is coming to life during this administration. This judgement is a fitting tribute to his visionary and progressive leadership.
“It is also worthy to salute the tenacious belief of his successor in office, Mr. Babatunde Fashola (SAN) who followed the traditional pathway Asiwaju Tinubu had charted to test all contentious constitutional issues in court. Fashola’s courage to follow through with the suit has brought the nation to yet another dawn of light.
“Also, kudos to the steadfast leadership of Governor Babajide Sanwo-Olu, whose commitment to upholding the rule of law and defending the rights of Lagosians has been pivotal in securing this outcome.

“This outcome would not have been possible without the vision and resolute backing of Mr. Governor whose commitment to integrity in governance has set a benchmark for true federalism.”
The state government reiterated that the Lagos State Lotteries and Gaming Authority (LSLGA) remains the sole regulatory body for lotteries and gaming in Lagos State.
It will continue to ensure that gaming activities are conducted transparently, responsibly, and in alignment with international best practices, it said.

The government urged all illegal and unlicensed lottery and gaming operators to immediately approach the LSLGA for regularisation or face prosecution.
The government said it will foster a conducive environment for legitimate operators and safeguard residents from the adverse effects of unregulated gaming activities.
“Lagos remains committed to creating a business-friendly environment for licensed operators. The Lagos state government remains committed to ensuring that the gaming sector contributes to the state’s economic growth and prosperity of its citizens,” the statement noted.