The Lagos State Government has filed a motion at the Supreme Court of Nigeria seeking to begin contempt proceedings against the National Assembly over what it described as a violation of a subsisting judgment of the apex court concerning lottery and gaming regulation in the country.
In the new suit, Lagos accused the National Assembly of disobeying a Supreme Court judgment delivered in November 2024, which had ruled that lottery and gaming matters fall exclusively under the jurisdiction of state governments, not the federal government.
The state government said the ongoing Central Gaming Bill currently being debated by lawmakers in Abuja directly contravenes that ruling.
The motion, filed by the Attorney-General of Lagos State through a team led by Bode Olanipekun, SAN, seeks the Supreme Court’s permission to commence judgment enforcement proceedings by issuing Form 48, which is a statutory notice of disobedience to court orders.
Form 48 serves as an official warning to any person or institution that is in contempt of court. If the warning is ignored, it could lead to committal proceedings — a process that may result in imprisonment for those found guilty of defying a court order.
According to an affidavit attached to the motion, Lagos argued that the National Assembly’s continued deliberation on the Central Gaming Bill is a direct challenge to the authority of the Supreme Court, which had already settled the issue in its 2024 ruling in the case Attorney-General of Lagos State & Others vs. Attorney-General of the Federation & Others (SC.1/2008).
In that landmark judgment, delivered on November 22, 2024, the Supreme Court held that lottery and gaming regulation are not included in the Exclusive or Concurrent Legislative Lists of the 1999 Constitution (as amended).
This means that the federal government and the National Assembly have no constitutional authority to make laws on the subject, leaving it as a residual matter within the powers of state governments.
The apex court had therefore declared the National Lottery Act and similar federal laws on gaming unconstitutional and void.
The court further ruled that the argument that federal powers could be derived from “trade and commerce” (Item 62 of the Exclusive Legislative List) was invalid, noting that gaming and lottery are not commercial transactions of national scope but matters better handled by states.
In its new motion, Lagos stated that the Central Gaming Bill, currently before the National Assembly, repeats almost word-for-word the same provisions that were struck down in 2024.
The state government said the Bill’s Clauses 7 and 21–64 deal exclusively with lottery and gaming matters, which the Supreme Court had already declared beyond the reach of the federal legislature.
It also pointed out that the Bill defines “lottery” and “online gaming” using the same language as the repealed National Lottery Act, describing them as any “game, scheme, or competition based partly on chance and skill, requiring licensing for operation.”
According to Lagos, Clause 62 of the new Bill even attempts to revive actions taken under the voided National Lottery Act — a move the state described as a direct affront to the authority and finality of the Supreme Court’s decision.
“The National Assembly’s continued consideration of the Central Gaming Bill is a clear violation of the judgment of this Honourable Court,” the affidavit stated.
“The attempt to reintroduce provisions already declared unconstitutional amounts to contempt of the Supreme Court and undermines the rule of law.”
Lagos further argued that since the Supreme Court judgment, there has been no constitutional amendment to include “lottery” or “gaming” in either the Exclusive or Concurrent Legislative Lists under the Second Schedule to the 1999 Constitution.
This, it said, means the status quo remains unchanged — and therefore, any move by the National Assembly to legislate on the matter is unconstitutional.
By approaching the Supreme Court again, Lagos is not asking for a new ruling, but for the court to enforce its previous judgment through contempt proceedings — a rare but powerful step under Nigerian law.
The Central Gaming Bill currently being debated at the National Assembly seeks to create a unified national framework for licensing and regulating gaming and lottery operations across Nigeria.
Supporters of the Bill argue that it will promote transparency, revenue generation, and better coordination between federal and state regulators.
However, opponents, especially from states like Lagos, insist that such a law would erode state autonomy and violate existing court decisions affirming that lottery and gaming are state matters.
Lagos is one of Nigeria’s largest and most active gaming markets, hosting major lottery operators and online betting companies. The state government collects taxes, levies, and licensing fees from these businesses through its own Lagos State Lotteries and Gaming Authority (LSLGA).
A federal takeover of gaming regulation, analysts warn, could significantly reduce state revenues and centralize control in Abuja.
If the Supreme Court grants Lagos’s request to issue Form 48, the National Assembly and possibly its leadership could be formally warned to stop deliberations on the Central Gaming Bill.
Failure to comply could trigger committal proceedings, in which senior legislative officials might be summoned before the court for alleged contempt.
Legal experts note that while such a confrontation is rare, it could set an important precedent about the limits of legislative power and the binding authority of court judgments.
Constitutional lawyer Dr. Chinedu Amaechi said the case is likely to clarify “how far the National Assembly can go in legislating on matters already decided by the Supreme Court.”
“This is not just about lottery or gaming,” he said. “It’s about respect for the rule of law and the supremacy of the judiciary in our constitutional democracy.”
As of the time of filing this report, the National Assembly had not issued an official response to Lagos’s motion.
However, a senior legislative aide, who spoke on condition of anonymity, said the lawmakers believe that the new Bill is distinct from the voided National Lottery Act and does not violate any existing judgment.
The Supreme Court is expected to review the motion in the coming weeks to determine whether to grant Lagos permission to begin contempt proceedings.
For now, the clash between Lagos State and the National Assembly over the control of Nigeria’s gaming industry appears far from over — with the nation’s highest court once again at the centre of the storm.