The Supreme Court has invalidated the National Lottery Act of 2005, ruling that the National Assembly lacks the authority to legislate on matters related to lotteries and games of chance.

In a unanimous decision by a seven-member panel of justices, Justice Mohammed Idris delivered the lead judgment, stating that the jurisdiction over lotteries and games of chance resides exclusively with state Houses of Assembly. The court declared that the National Lottery Act 2005 could only be enforced within the Federal Capital Territory (FCT), where the National Assembly has legislative authority.

The legal challenge was initiated in 2008 by the Attorney General of Lagos State against the Federal Government over control and regulation of the gaming and lottery sectors. Ekiti State later joined as a co-plaintiff, following a court order in October 2020. Additionally, attorneys general from 34 other states were included as defendants by a Supreme Court order in November 2022.

The plaintiffs argued that lottery regulation does not fall under the 68 items listed in Part 1 of the Second Schedule of the 1999 Constitution, which grants the National Assembly exclusive legislative powers. They sought a declaration affirming that the National Assembly does not have the constitutional authority to enact laws regulating lotteries across the country.

This judgment reinforces the states' autonomy in managing gaming and lottery operations within their jurisdictions.