Coalition of Civil Society Organisations, under the aegis of Coalition for Good Governance (CGG), has condemned the move by the Senate to enact a central law that regulates lottery and gambling in Nigeria, saying doing so was against the Supreme Court’s unanimous ruling that the National Assembly lacked the powers to legislate on issues relating to lottery in respect of all states of the federation, except the Federal Capital Territory (FCT), Abuja.
The coalition, comprising of over 80 human rights bodies, gave the position at a press conference in Lagos on Sunday, addressed by its spokesperson, Comrade Nelson Ekujumi, urging the Senate to immediately stop what it described as “illegal and unconstitutional voyage of legislative rascality and lawlessness.”
Ekujumi, speaking alongside others leaders of the coalition, including Comrades Razaq Olokoba, Razaq Oladosu, Gbenga Soloki, Ajayi Popoola, Peter Oparah, Shola Justice Omolola and Gbenga Omage, said that since the Apex court had ruled over the matter, that regulation of gaming and lottery falls under the residual law, the National Assembly should allow states to carry out their responsibility, while it should only regulate on that matter for the Federal Capital Territory.
Ekujumi equally urged the House of Representatives which had earlier passed the Bill into law to tender an unreserved apology to the people of Nigeria for what the coalition described as the assault on legislative integrity, honour and the constitution.
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CGG spokesperson, while making the call, said the groups’ interest in the matter at hand, was provoked by the realization that the institutions of state, saddled with the honourable responsibility of law making for the good governance of the society, must not be allowed to deviate and degenerate from the lofty height of upholding the rule of law, to a condemnable one of law breaking, irresponsibility, incitement and undermining national peace and security.
“As we are all aware, the Supreme (Apex) Court on the 22nd of November 2024, nullified the National Lottery Act 2005 enacted by the National Assembly. The judgment followed the suit filed in 2008 by Lagos and other states of the Federation, challenging the Federal government’s powers to regulate lottery and gaming activities throughout Nigeria,” he said.
He explained that the Supreme Court, in a unanimous judgement, consisting of seven justices, held that the National Assembly lacked the powers to legislate on issues relating to lottery in respect of all states of the federation, except the Federal Capital Territory (FCT), Abuja.
“The court ruled that such powers only reside with the state Houses of Assembly, which possess exclusive jurisdiction over lottery.” Ekujumi said.
Ekujumi posited that the Supreme Court, being the Apex court of the country possesses by virtue of Sections 6(6)(b), 235 and 287, of the Constitution the exclusive final authority to interpret the constitution and the laws in Nigeria as it affects the rights and obligations of persons and authorities, declaring that once it had “made a decision on a subject, particularly under the Constitution of Nigeria, it becomes final and binding on all persons and authorities in the Federal Republic of Nigeria — including the Executive and the Legislature.”
“Therefore, if the Supreme Court which is the highest court in the land adjudicate on an issue of dispute between the federal government and states governments, its judgement automatically becomes a law, thus, we are at a loss to rationalize the reason for the National Assembly made up of the Senate and the House of Representatives attempting to illegally and unconstitutionally rewrite the law, other than to undermine democracy, national security and the constitution by this voyage of lawlessness which stands condemned in all ramifications,” he said.
He, therefore, called on the Senate to use the opportunity afforded it by the press conference of laying bare the matter, to retrace it’s step by declining concurrence to the Central Gaming Bill, saying that such Bill “does not deserve the Senate reciprocity resolution.”
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