The Lagos State Government has formally requested permission from the Supreme Court to initiate contempt proceedings against the National Assembly. This is for the alleged disregard of a standing judgment from the apex court that previously ruled federal legislation on lottery and gaming as unconstitutional.
In a motion submitted by the Lagos State Attorney-General, via Bode Olanipekun, SAN, the state asked the Supreme Court for leave to begin judgment enforcement by issuing Form 48, the official notice for failing to obey court orders.
The issuance of Form 48 serves as a formal warning to any individual or body found to be in contempt of a court order. Failure to comply after receiving it may lead to the start of committal proceedings, which could result in imprisonment.
According to an affidavit supporting the motion, Lagos State argues that the National Assembly’s continuing discussion of the Central Gaming Bill directly violates the Supreme Court’s prior ruling in SC.1/2008, Attorney-General of Lagos State & Ors. v. Attorney-General of the Federation & Ors., which was delivered on November 22, 2024.
The state asserted that Clauses 7 and 21–64 of the proposed Bill deal solely with matters concerning lottery and gaming, topics which the Supreme Court had already declared fall outside the National Assembly’s law-making authority.
Lagos argued that the provisions in the new Bill are similar to those found in the now-invalidated National Lottery Act, which was struck down in the same 2024 judgment.
The affidavit also highlighted that both the voided National Lottery Act and the Central Gaming Bill define “lottery” and “online gaming” using virtually identical language: any game, scheme, or promotional competition relying on chance, or a mix of chance and skill, that requires a license to operate.
The state government described Clause 62 of the proposed Central Gaming Bill as an attempt to re-validate actions taken under the repealed National Lottery Act, stating that this represents a direct challenge to the Supreme Court’s authority and the finality of its decision.
Lagos also noted that since the apex court’s 2024 decision, neither the Exclusive nor the Concurrent Legislative Lists in the Second Schedule of the 1999 Constitution (as modified) have been amended to include “lottery” or “gaming.” This confirms that the National Assembly lacks the constitutional power to legislate on these matters.
The Supreme Court had, in its 2024 ruling, held clearly that lottery and gaming are within the jurisdiction of state governments. It rejected claims that federal jurisdiction could be drawn from Item 62 of the Exclusive Legislative List, which pertains to “trade and commerce,” or that the interstate nature of gaming activities necessitated federal oversight.
By returning to the Supreme Court, Lagos State is now attempting to enforce that significant judgment through contempt actions—a step that could further define the limits of federal legislative power and reinforce the supremacy of the judiciary within Nigeria’s constitutional democracy.
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