Lagos Takes National Assembly to Supreme Court Over Central Gaming Bill, Pursues Contempt Action

Table of Contents

1. Supreme Court Appeal
2. Motion Filed
3. Form 48 Issuance
4. National Assembly's Contravention
5. Proposed Bill Clauses
6. Central Gaming Bill
7. Constitutional Competence
8. Supreme Court Decision
9. Conclusion

The Lagos State Government has approached the Supreme Court seeking permission to initiate contempt proceedings against the National Assembly for allegedly ignoring an existing judgment from the apex court, which deemed federal legislation on lottery and gaming unconstitutional.

In a motion submitted by the Lagos State Attorney-General, represented by Bode Olanipekun, SAN, the state requested the Supreme Court to allow it to begin judgment enforcement proceedings by issuing Form 48, the official notice of disobedience to court orders.

The issuance of Form 48 acts as a formal warning to any individual or organization in contempt of a court order. Non-compliance following its issuance may lead to the initiation of committal proceedings, which could result in imprisonment.

As stated in an affidavit accompanying the motion, Lagos State contended that the National Assembly’s ongoing discussions regarding the Central Gaming Bill directly violate the Supreme Court’s previous ruling in 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 Bill pertain solely to issues concerning lottery and gaming, areas that the Supreme Court has already determined to be outside the legislative authority of the National Assembly.

Lagos asserted that the provisions in the new Bill are essentially identical to those found in the now-invalidated National Lottery Act, which was annulled in the same 2024 ruling.

The affidavit also pointed out that both the voided National Lottery Act and the Central Gaming Bill define “lottery” and “online gaming” in nearly the same manner, as any game, scheme, or promotional competition based on chance or partially on chance and skill, necessitating a license for operation.

The state government characterized Clause 62 of the proposed Central Gaming Bill as an effort to reinstate actions taken under the repealed National Lottery Act, arguing that this represents a direct challenge to the authority and finality of the Supreme Court’s judgment.

Lagos further noted that since the apex court’s 2024 ruling, neither the Exclusive nor the Concurrent Legislative Lists in the Second Schedule of the 1999 Constitution (as amended) have been revised to include “lottery” or “gaming,” reinforcing the notion that the National Assembly lacks the constitutional authority to legislate on these matters.

The Supreme Court had, in its 2024 ruling, clearly stated that lottery and gaming fall under the jurisdiction of state governments, dismissing claims that federal jurisdiction could be derived from Item 62 of the Exclusive Legislative List, which pertains to “trade and commerce,” or that the interstate nature of gaming activities justified federal oversight.

By returning to the Supreme Court, Lagos State is now aiming to enforce this landmark judgment through contempt proceedings—a move that could further clarify the limits of federal legislative power and bolster the supremacy of the judiciary in Nigeria’s constitutional democracy.