The Lagos State Government has approached the Supreme Court seeking leave to initiate contempt proceedings against the National Assembly for allegedly disregarding a subsisting judgment of the apex court by proceeding with the Central Gaming Bill.
In the motion filed by the Attorney-General of Lagos State, through his counsel, Bode Olanipekun, SAN, the state is seeking the court’s permission to commence enforcement proceedings via the issuance of Form 48, the first step in contempt proceedings.
Form 48 serves as a formal notice warning any person or institution in disobedience of a court order.
Failure to comply after issuance could lead to committal to prison.
According to the affidavit filed in support of the motion, Lagos State contended that the National Assembly’s continued consideration of the Central Gaming Bill directly contravenes the Supreme Court’s judgment in suit number SC.1/2008; Attorney-General of Lagos State & Ors. v. Attorney-General of the Federation & Ors., delivered on November 22, 2024.
The state argued that clauses 7 and 21–64 of the proposed legislation deal exclusively with lottery and gaming, matters which the Supreme Court had ruled fall outside the legislative competence of the National Assembly.
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Lagos further noted that these provisions replicate the now-nullified National Lottery Act, which was struck down by the apex court in the 2024 judgment.
The affidavit stressed that both the voided Act and the Central Gaming Bill define “lottery” and “online gaming” similarly, encompassing any game, scheme, or arrangement based on chance or a mix of chance and skill, requiring licensing for operation.
It added that Clause 62 of the new Bill contains “savings provisions” aimed at reviving actions taken under the invalidated National Lottery Act, describing it as a direct affront to the Supreme Court’s authority.
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The Lagos government pointed out that since the judgment was delivered, the 1999 Constitution (as amended) has not been altered to include lottery or gaming in either the Exclusive or Concurrent Legislative Lists.
This, it argued, further affirms that the National Assembly lacks the constitutional power to legislate on such matters.
The 2024 ruling had unequivocally held that regulation of lottery and gaming lies outside federal jurisdiction, declaring that such subjects do not appear in the Legislative Lists provided in the Constitution.
The Supreme Court had also dismissed the National Assembly’s argument that it could legislate on gaming under Item 62 of the Exclusive Legislative List, which relates to “trade and commerce,” or by virtue of the interstate nature of electronic gaming.
With the latest move, Lagos State seeks to enforce the Supreme Court’s 2024 judgment through contempt proceedings, an action that could test the limits of federal legislative authority and reinforce judicial supremacy in Nigeria’s constitutional order.
Rafiyat Sadiq is a political, justice, and human rights reporter with Pinnacle Daily, known for fearless reporting and impactful storytelling. At Pinnacle Daily, she brings clarity and depth to issues shaping governance, democracy, and the protection of citizens’ rights.
