Dare Babalola
The Attorney-General of Lagos State has expressed concerns that the Central Gaming Bill, recently passed by the National Assembly, may constitute a constitutional breach and an affront to a Supreme Court ruling.
In a December 12, 2025 letter to the Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN, the Lagos AG has formally requested that President Bola Tinubu refrain from signing the Central Gaming Bill into law.
The Lagos AG argues that the National Assembly’s passage of the bill is illegal and unconstitutional, citing a Supreme Court judgment that ruled legislating on lotteries, a residual matter reserved for state houses of assembly, is beyond the National Assembly’s powers.
In the letter, penned by Chief Wole Olanipekun, SAN, on his behalf, the Lagos AG reminded Fagbemi of the imperative to uphold the Supreme Court’s judgment in SC.1/2008, where the court ruled that lottery regulation falls under the purview of state legislatures, not the National Assembly.
The Lagos AG’s concern stems from a unanimous Supreme Court judgment delivered on November 22, 2024, which nullified the National Lottery Act, ruling it exceeded the National Assembly’s legislative powers.
Despite the Supreme Court’s ruling, the Lagos AG noted that the National Assembly proceeded to pass the Central Gaming Bill on December 2, 2025, another legislation regulating lottery and gaming.
“We are further informed that the said legislation purports to repeal the National Lottery Act, as if same was an existing law that had not been nullified by the judgment of the Supreme Court. For emphasis and, as rightly acknowledged by your good self at the commencement of the Supreme Court legal year, the National Lottery Act ceased to be an existing legislation on November 22, 2024, when the Supreme Court delivered its judgment in SC.1/2008 and the National Assembly cannot subsequently purport to repeal what was/is already no longer in existence.
“Our client also informed us that the Central Gaming Bill purports to legislate online gaming and lottery, as well as gaming and lottery across State geographical boundaries. It also suggests that revenues generated will not be paid to the Consolidated Revenue Fund but be distributed by the Federal Government against the constitutional prescription for revenue sharing”, the AG stated.
The AG besides, noted that the apex court in the judgment “flatly rejected” argument of the AGF and National Assembly that lottery and gaming were economic activities carried out online and across State borders.
He further expressed conviction that Fagbemi will be disturbed by the action of the National Assembly in enacting a law which has been nullified by the apex court.
“We are also confident that the AGF is very unlikely to support the situation where the Supreme Court invalidates an action as ultra-vires and the same litigant before the court, subsequently, reenacts the same action which the court has found to be illegal and unconstitutional. It is worthy of note that, none of the constitutional provisions interpreted by the Supreme Court in SC.1/2008, has been altered or amended.
“It is in light of the foregoing that we respectfully implore the AGF to advise the President of the Federal Republic of Nigeria, to decline presidential assent to the gaming/lottery legislation, now passed by both the Senate and House of Representatives, after the Supreme Court has decided that lottery and gaming are outside the constitutional vires of the National Assembly.
“We urge the AGF to accept the assurances of our best regards, whilst hoping that our client’s legitimate request herein communicated is expeditiously acted upon in order to halt the constitutional breach and assault on the final judgment of the Supreme Court, where both the National Assembly and the HonourableAGF, were parties”, the letter added.
