for early access to the latest igaming videos!
and get the latest igaming news first!
Theophilus Abiodun Tokode underscored the National Lotteries Act’s unconstitutionality relating to the Supreme Court’s decision in the case of Attorney General of the Federation & Ors vs Attorney General of Lagos State & Ors. According to Tokode, the 1999 Constitution creates a tripartite classification of legislative powers: the Exclusive List, the Concurrent List, and the Residual List. Matters on the Exclusive List fall solely under the National Assembly’s legislative purview, those on the Concurrent List are legislated by federal and state governments, while any subject not added to either list belongs to the states.
He argued that since lotteries and gaming do not fall under the Exclusive or Concurrent List, they should be classified on the Residual List.
“The National Assembly, by enacting the National Lotteries Act, stepped into an area clearly reserved for the states, and in doing so, acted beyond its constitutional mandate,” he said.
Tokode stressed that such legislative encroachments undermine the principle of federalism and balanced distribution of legislative authority that the Constitution embodies.
Affirming the Supreme Court’s Position
Tokode further aligned his views with the Supreme Court’s Annulment verdict for the National Lotteries Act. He observed that the Court’s conclusion affirms the importance of constitutional fidelity in lawmaking and cautions against the dangers of expanding federal powers beyond constitutional limits. In his view, allowing the National Assembly to legislate on residual matters will set a troubling precedent that could weaken the independence of state governments.
He referenced the Supreme Court’s earlier decision in NPF & Ors v. Police Service Commission & Anor (2023), which emphasised the importance of strict constitutional interpretation. Theophilus Tokode noted that public bodies must operate within the limits of their powers regardless of their functions.
“Just as the Police Service Commission was barred from exceeding its authority, so too must the National Assembly refrain from legislating on matters beyond its remit,” he said.
Gaming and Betting: Trade or Not?
Tokode also addressed the argument certain legal commentators made about classifying gambling under trade and commerce. He disagreed with this reasoning, pointing out that the Supreme Court thoroughly examined the nature of gaming and betting before passing its judgment.
He added that the decision was consistent with international judicial perspectives, particularly referencing the Indian Supreme Court’s ruling in State of Haryana v. Suman Enterprises & Ors (1994). In this case, betting and gambling were excluded from being regarded as commercial trade due to their reliance on chance instead of productive economic activity.
“Betting and gaming are not conventional economic enterprises involving production, distribution, or exchange of goods or services; they are regulatory matters, not commercial ones,” he stated.
In Tokode’s view, grouping these activities otherwise risks misrepresenting the true character of the industry and creating legal ambiguities that contradict the Constitution.
The Path Forward: Regulatory Responsibility of States
Though acknowledging the validity of concerns around fraud prevention and responsible gaming, Tokode maintained that these don’t justify unconstitutional legislation at the federal level. Instead, he encouraged state governments to regulate markets following the constitution and present realities.
He commended Lagos State for setting an example with its proactive regulatory framework, demonstrating how states can manage the sector effectively. He further emphasized that the Supreme Court’s judgment should be seen as a call to action for states to strengthen their regulatory mechanisms rather than rely on a future comeback for the National Lotteries Act.
“We must rally behind the states, not against the Constitution, and focus on building responsible and lawful frameworks within each jurisdiction,” he said.
Tokode urges all stakeholders to respect the Supreme Court’s final judgment and shape the future of the Nigerian gambling industry.
Source: E-play Africa
