Federal Lottery Regulations Illegal, Affront On Federalism, Says Edo Gaming Regulatory Commission Chairman Okiye

Okiye      

Hendrix Oliomogbe 

The Edo State Gaming and Lottery Regulatory Commission (ESGLRC) has faulted the provisions of the Federal Competition and Consumer Protection Commission (FCCPC) Sales Promotion Regulations, 2026, which seek to confer regulatory, licensing, approval and supervisory powers over lotteries, promotional lotteries, games of chance and related gaming activities on a federal agency.

In a statement in Benin City by the chairman, Hon. Frank Okiye, he said that flowing from the binding judgment of the Supreme Court of Nigeria delivered on 22 November, 2024, and the principles of true federalism, the FSGRN had pointedly declared these provisions a direct affront to the constitutional powers of the states.

Hon. Okiye, former speaker of Edo State House of Assembly contended that at a time when Nigeria should, among other things, being consolidating the gains of constitutional federalism as championed by President Bola Tinubu, strengthening regulatory certainty and eliminating overlapping governmental mandates, it was deeply troubling that a federal institution would introduce regulations that appear to revive powers already declared unconstitutional by the nation’s highest court.

While making reference to section 4(7) of the 1999  Constitution (as amended), the ESGLRC chairman maintained that gaming regulation belongs to the states as Nigeria operates a federal system of government founded on the constitutional distribution of legislative powers between the federation and its constituent states.

According to Hon. Okiye: "Section 4(7) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), establishes the legislative competence of State Houses of Assembly over matters falling within their constitutional jurisdiction, including residual matters not assigned to the Federation.

"Lotteries, betting, gaming and games of chance fall within this residual legislative competence, subject to the constitutional position regarding the Federal Capital Territory."

He noted that the constitutional arrangement is neither an administrative concession from the Federal Government nor a privilege that can be withdrawn through subsidiary legislation, insisting that it's a fundamental feature of Nigeria’s constitutional architecture.

He added that the landmark judgment of the Supreme Court in Attorney General of Lagos State & Ors v. Attorney General of the Federation & Ors on 22 November, 2024 in Suit No. SC/1/2008, which invalidated the National Lottery Act, 2005, insofar as it purported to regulate lotteries within the states of the Federation, settled a longstanding constitutional dispute over the authority to legislate and regulate lotteries and games of chance in Nigeria.

He said that of particular significance to the present controversy is Relief/Declaration No. 9, under which the Supreme Court granted a perpetual injunction restraining the Federal Government and its agencies from continuing to exercise the impugned lottery regulatory powers within the states.

Hon. Okiye emphasized that a perpetual injunction issued by the Supreme Court is not an advisory opinion, a policy recommendation or an invitation to administrative negotiation but a binding judicial order that must be obeyed by the parties against whom it operates and by those legally bound through them.

He remarked that President Bola Tinubu has clearly demonstrated his commitment to true federalism, constitutional supremacy and the rule of law through his opposition to the proposed Central Gaming Bill, which sought to reintroduce federal control over an area constitutionally reserved for the states, adding:

"The FSGRN reiterates that the constitutional powers of states are neither negotiable nor subject to administrative discretion. The Supreme Court’s landmark judgment of November 2024 conclusively affirmed state jurisdiction over lotteries and games of chance and must be respected by all federal institutions. We therefore call upon the FCCPC to align its regulations with the judgment."

The Edo Gaming Regulatory Commission chairman said that while the federation remains committed to inter-agency co-operation, consumer protection and industry development, he maintained that it will not however compromise the constitutional rights of its member states and will pursue all lawful measures necessary to defend them.

Hon. Okiye emphasized: "The Supreme Court has spoken. The Constitution is supreme. No federal agency can resurrect through subsidiary regulations, and powers already invalidated by the nation’s highest court. Nigeria’s federalism must be respected in both principle and practice."