The legality of the Nigerian Central Gambling Act has sparked widespread controversy, with legal experts and civic groups criticizing the bill as based on invalid precedents and potentially unconstitutional, as the Supreme Court had previously ruled that state governments, not the federal level, have the authority to regulate gambling.
Background and Origin of the Controversy
The discussion around the Nigerian Central Gambling Act is becoming increasingly intense. The bill aims to centralize gambling activities under federal control. In November 2024, the Supreme Court ruled that the 2005 National Lottery Act was invalid, clearly stating that states have the authority to regulate lotteries and gambling. However, the National Assembly recently pushed a similar Nigerian Central Gambling Act, leading to legal conflicts.
Opposition Voices and Criticism
Civic groups such as the "Good Governance League" (CCG) strongly condemn this move, calling it "legislative rogue behavior" and accusing the National Assembly of disregarding judicial rulings. Experts point out that the bill attempts to cover online and remote gambling, but the Supreme Court did not differentiate between forms of gambling, with all activities falling under state jurisdiction.
In-depth Analysis by Legal Experts
Experts from Allen & Marylebone law firm, such as Obinna Akpuchukwu, state that the bill is "baseless and unconstitutional" because the constitutional exclusive list does not include gambling matters, and only state governments have the right to legislate. He cites a 2025 Supreme Court case, emphasizing that gambling belongs to residual matters, and federal overreach is invalid.
Constitutional Basis and Suggested Path
Akpuchukwu suggests that if the National Assembly wishes to centrally regulate online gambling, it should amend the constitution to include it in the exclusive list, otherwise the bill will face invalidation. Current efforts are futile, highlighting the importance of the rule of law.
