Legal Conflict Escalates Between Lagos State and National Assembly
The Lagos State Government has taken a significant legal step in its ongoing dispute with the National Assembly, filing a motion with the Supreme Court to seek permission to initiate contempt proceedings against the federal legislature. This move is a direct response to the National Assembly’s continued efforts to pass the Central Gaming Bill, which Lagos State claims violates a previous court ruling.
The application was submitted by Senior Advocate of Nigeria, Bode Olanipekun, on behalf of the Attorney-General of Lagos State. The request aims to obtain the Supreme Court’s approval to commence judgment enforcement proceedings by issuing Form 48. In Nigerian legal practice, Form 48 serves as an official warning to any individual or entity that is in contempt of a court order. Failure to comply with this notice can result in imprisonment.
In the supporting affidavit, Lagos State argued that the National Assembly’s work on the Central Gaming Bill directly contradicts the Supreme Court’s landmark judgment delivered on 22 November 2024, in the case ofSC.1/2008 – Attorney-General of Lagos State & Ors. v. Attorney-General of the Federation & Ors.That ruling clearly stated that lottery and gaming fall outside the legislative authority of the National Assembly.
According to the apex court, since these subjects are not listed on the Exclusive or Concurrent Legislative Lists of the 1999 Constitution (as amended), they are considered residual matters that should be handled exclusively by State Houses of Assembly.
Lagos State specifically highlighted that Clauses 7 and 21–64 of the proposed Central Gaming Bill are unconstitutional, as they pertain entirely to lottery and gaming. The state pointed out that these provisions essentially replicate the sections of the former National Lottery Act that were struck down by the Supreme Court in the same 2024 ruling.
One particular clause, Clause 62 of the Central Gaming Bill, raised serious concerns for Lagos State. The state emphasized that this clause contains “savings provisions” designed to revalidate actions taken under the now-nullified National Lottery Act. This, according to Lagos, represents a clear and direct challenge to the Supreme Court’s authority and an attempt to bypass a judicial decision.
The Lagos State Attorney-General also noted that since the Supreme Court’s definitive 2024 ruling, the Constitution has not been amended to include lottery or gaming on the Federal Lists. This lack of constitutional change further strengthens Lagos State’s argument that the National Assembly is overstepping its jurisdiction.
Key Points of the Legal Dispute
- Form 48: A formal legal notice used to warn individuals or bodies in contempt of court orders.
- Supreme Court Ruling (2024): Declared that lottery and gaming are not within the legislative competence of the National Assembly.
- Central Gaming Bill: Contains clauses that Lagos State argues are unconstitutional and violate the court’s judgment.
- Clause 62: Includes “savings provisions” that could revalidate actions taken under the previously struck-down National Lottery Act.
- Constitutional Status: No amendments have been made to include lottery or gaming on the Federal Lists since the 2024 ruling.
This legal battle underscores the growing tension between state and federal authorities in Nigeria, highlighting the importance of judicial rulings in defining the boundaries of legislative power. As the case moves forward, it will be closely watched by legal experts and policymakers across the country.