Alleging Assault on S’Court’s Judgement, Lagos AG Urges Tinubu Not to Sign Central Gaming Bill

•Appeals to AGF to ensure obedience to orders of court

Alex Enumah in Abuja

The Attorney-General (AG) of Lagos State has raised concerns over what is seen as a potential constitutional breach and assault on judgment of the Supreme Court in respect of the Central Gaming Bill, currently passed by the National Assembly.

The Lagos AG in a letter dated December 12, 2025 and addressed to the Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN, is specifically seeking restraints in the signing of the bill into law by President Bola Tinubu.

According to the Lagos AG, the new bill as passed by the National Assembly is illegal and unconstitutional, based on the apex court judgment which held that the National Assembly lacked the necessary legal powers to legislate on lotteries, which is a residual matter for the State Houses of Assemblies.

In the letter written on his behalf by Chief Wole Olanipekun, SAN, the Lagos AG reminded Fagbemi, of the need to defend judgments of the apex court, especially in the suit marked: SC.1/2008, between AG of Lagos State and others against the AGF and others.

Recall that the apex court in the unanimous judgment delivered on November 22, 2024, had nullified the National Lottery Act, on the grounds that it falls outside the powers of the National Assembly.

The Lagos AG however stated that the National Assembly on December 2, 2025, passed another legislation on lottery and gaming, termed the Central Gaming Bill.

“We are further informed that the said legislation purports to repeal the National Lottery Act, as if same was an existing law that had not been nullified by the judgment of the Supreme Court. For emphasis and, as rightly acknowledged by your good self at the commencement of the Supreme Court legal year, the National Lottery Act ceased to be an existing legislation on November 22, 2024, when the Supreme Court delivered its judgment in SC.1/2008 and the National Assembly cannot subsequently purport to repeal what was/is already no longer in existence.

“Our client also informed us that the Central Gaming Bill purports to legislate online gaming and lottery, as well as gaming and lottery across State geographical boundaries. It also suggests that revenues generated will not be paid to the Consolidated Revenue Fund but be distributed by the Federal Government against the constitutional prescription for revenue sharing”, the AG stated.

The AG besides, noted that the apex court in the judgment “flatly rejected” argument of the AGF and National Assembly that lottery and gaming were economic activities carried out online and across State borders.

He further expressed conviction that Fagbemi will be disturbed by the action of the National Assembly in enacting a law which has been nullified by the apex court.

“We are also confident that the AGF is very unlikely to support the situation where the Supreme Court invalidates an action as ultra-vires and the same litigant before the court, subsequently, reenacts the same action which the court has found to be illegal and unconstitutional. It is worthy of note that, none of the constitutional provisions interpreted by the Supreme Court in SC.1/2008, has been altered or amended.

“It is in light of the foregoing that we respectfully implore the AGF to advise the President of the Federal Republic of Nigeria, to decline presidential assent to the gaming/lottery legislation, now passed by both the Senate and House of Representatives, after the Supreme Court has decided that lottery and gaming are outside the constitutional vires of the National Assembly.

“We urge the AGF to accept the assurances of our best regards, whilst hoping that our client’s legitimate request herein communicated is expeditiously acted upon in order to halt the constitutional breach and assault on the final judgment of the Supreme Court, where both the National Assembly and the Honourable AGF, were parties”, the letter added.