Nigeria Central Gaming Bill Faces Constitutional Challenge After Supreme Court Ruling
The Coalition of Good Governance has branded the National Assembly’s attempt to reconsider the Nigeria Central Gaming Bill as legislative rascality and lawlessness. Meanwhile, the Supreme Court ruled in November 2024 that the National Lottery Act was void.
Legal Experts Question Federal Gaming Authority
Gaming law expert Obinna Akpuchukwu states the Central Gaming Bill, if passed into law, will be unconstitutional. Therefore, proponents argue the bill seeks to regulate online and remote gaming activities not covered by repealed legislation. Moreover, all gaming activities stated in the Central Gaming Bill are accommodated within the lottery definition from nullified legislation. Consequently, the Supreme Court did not distinguish between land-based and online gaming activities in its ruling.
The Supreme Court declared that lottery and gaming are not matters listed in Exclusive or Concurrent Legislative Lists. Meanwhile, gaming and lottery are items within Residual Matters, meaning only state governments have constitutional authority. Additionally, neither the Exclusive Legislative list nor Concurrent Legislative list contains online gaming provisions. Therefore, the current legislative attempt contradicts established constitutional framework for gaming regulation authority.
Constitutional Amendment Proposed as Alternative Path
Civil society leader Nelson Ekujumi stated that once the court makes a decision, it becomes final and binding on all authorities. Meanwhile, the National Assembly’s attempt to rewrite the law represents legislative provocation and lawlessness. Moreover, legal experts suggest formal constitutional amendment could achieve the National Assembly’s regulatory objectives. Therefore, if federal control is desired, online gaming must be included in the Exclusive Legislative list.
The Federation of State Gaming Regulators of Nigeria strongly opposed the bill’s enactment, seeking federal control over all games of chance. Additionally, legal counsel suggests the current attempt to enact the Central Gaming Bill will be wasted effort. Consequently, the Supreme Court is likely to nullify the legislation, just as it did the National Lottery Act. Therefore, constitutional amendment remains the only viable path for establishing federal gaming regulatory authority.
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