Lagos asks Supreme Court to hold National Assembly in contempt over lottery bill

The Lagos State government has approached the Supreme Court, seeking permission to initiate contempt proceedings against the National Assembly for allegedly defying a prior ruling that declared federal legislation on lottery and gaming unconstitutional.

Filed by Lagos’ Attorney General and Commissioner for Justice, the motion requests the issuance of Form 48 — a formal legal notice that precedes contempt action. Under Nigerian law, noncompliance with a Form 48 notice can lead to imprisonment.

Lagos’ lead counsel, Bode Olanipekun (SAN), argued that the National Assembly’s proposed Central Gaming Bill violates the Supreme Court judgment in SC.1/2008: Attorney-General of Lagos State & Ors. v. Attorney-General of the Federation & Ors., delivered on November 22, 2024.

The state highlighted that several clauses in the new bill, particularly Clauses 7 and 21–64, regulate lottery and gaming — matters the apex court had ruled are beyond the National Assembly’s legislative powers.

The clauses closely mirror provisions in the now-invalid National Lottery Act, defining “lottery” and “online gaming” in identical terms.

Lagos also pointed to Clause 62, which seeks to preserve actions under the nullified law, describing it as a deliberate attempt to undermine the Supreme Court’s authority.

The state emphasized that no constitutional amendment has expanded federal legislative powers over lottery or gaming, reinforcing that such matters fall within state jurisdiction.

The 2024 Supreme Court ruling had affirmed that regulating lottery and gaming lies outside the National Assembly’s powers, rejecting arguments based on trade, commerce, or the electronic and interstate nature of gaming.

By returning to the apex court, Lagos aims to enforce the earlier judgment, a move that could set a critical precedent on the limits of federal legislative authority and the supremacy of judicial decisions in Nigeria’s constitutional framework.