In a motion filed on behalf of the attorney-general of Lagos
by Bode Olanipekun, senior advocate of Nigeria (SAN), the state government is
seeking the Supreme Court’s order to initiate judgement enforcement proceedings
through the issuance of form 48.

Form 48 is a notice of the consequences of disobeying a
court order and serves as the first step before the commencement of contempt
proceedings.

BACKGROUND

Over the past few months, the Lagos state government and National Assembly have been at loggerheads over the Central Gaming Bill, 2025,
seeking to “regulate the operation and business of online gaming across all
states in Nigeria, including a specific provision for activities in the federal
capital territory (FCT)”.

The bill is currently before the Senate and House of
Representatives.

The proposed legislation seeks to establish a regulatory
framework for online and remote gaming in Nigeria. It is intended to replace
the previously repealed National Lottery Act of 2005.

However, the Lagos state government had argued that the
proposed legislation violates the judgement of the Supreme Court delivered in
November 2024, which nullified the enforcement of provisions of the National
Lottery Act 2005 in the 36 states of the federation.

The state government also argued that issues relating to
gaming and lottery fall under the purview of the state governments, not the
federal government.

THE SUPREME COURT’S JUDGMENT

In November 2024, the apex court nullified the enforcement
of provisions of the National Lottery Act 2005 in the 36 states of the
federation.

In a unanimous judgement, the seven-member panel of the
court held that the national assembly lacks the powers to legislate on issues
pertaining to lottery and gaming.

The court held that issues of lottery and gaming cannot be
categorised under the trade and commerce in the exclusive list stipulated in
the 1999 Constitution.

The apex court ruled that only state assemblies have the
power to legislate on lottery and gaming businesses.

The National Lottery Act 2005 was signed into law by former
President Olusegun Obasanjo in March 2005.

In 2008, the Lagos state government filed a suit against the
federal government and national assembly on whether the control and regulation
of gaming and lottery businesses in each state is under the exclusive list.

In October 2020, the Ekiti state government joined Lagos as
co-plaintiff in the suit.

Subsequently, some states joined as co-plaintiffs, while
some states, mostly from the north, joined as co-defendants.

‘PROPOSED BILL RELATES TO LOTTERY, GAMING’

In an affidavit filed in support of the motion, the Lagos
government argued that the proposed bill before the national assembly deals
entirely with lottery and gaming, which the supreme court had ruled falls
outside the legislature’s jurisdiction.

The state government said both the repealed National Lottery
Act of 2005 and the proposed legislation define ‘gaming’ and ‘lottery’ with
similar terms.

The state government averred that since the judgement of the
Supreme Court in November 2024, the exclusive list of the constitution has not
been amended to include lottery or gaming.