The Supreme Court has scheduled a hearing for March 13 next year in a suit originally filed in 2008 by the Attorney General of Lagos State against the federal government over the dispute as to who has the power to control and regulate gaming and lottery businesses in each state.

Ekiti state was joined as co-plaintiff in the suit following an order of the court made on October 6, 2020.

The Attorneys General of the other 34 states were joined as defendants by the Supreme Court on November 15, 2022.

The suit has the Attorney General of the Federation (AGF) and the National Assembly listed as the first and second defendants.

A seven-member panel of the Supreme Court presided over by Justice Kudirat Kekere-Ekun, chose the date during the court’s sitting on Monday after resolving some preliminary issues relating to processes filed.

Bode Olanipekun (SAN) announced an appearance for the Lagos State Government while Adetunji Osho appeared for Ekiti State.

The AGF was represented by Innocent Daa’gba, while Ifeanyi Mrialike represented the National Assembly.

The Attorneys General of the 33 states were also represented. Kwara was not represented, while the court directed the governments of Jigawa and Kaduna states to put their houses in order by resolving the confusion over legal representation before the next hearing date.

During Monday’s proceedings, the court deemed all the processes filed out of time by the defendants as duly and properly filed upon their being regularized.

The Attorney General of Oyo State withdrew the application it filed to be joined as a co-plaintiff, following which the court struck it out.

Justice Kekere-Ekun advised that all the State Governments that are on one side in accordance with their respective interests should present a common argument in order to save the time of the court on the hearing date.

In their amended originating summons marked SC/1/2008, the plaintiffs – Lagos and Ekiti states – want the apex court to declare “that lottery is not one of the 68 items in respect of which the National Assembly has the Exclusive vires to make laws under Part 1 of the Second Schedule of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

They also want a declaration that having regard to the clear provisions of Section 4(2) and (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the National Assembly lacks the vires to legally and constitutionally make any Law to regulate and control the operation of lottery in Nigeria.

Lagos and Ekiti are equally praying the court to declare that l, having regard to the clear provisions of Section 4(7)(a) and (c) of the Constitution,  the Lagos State Government, through the Lagos State House of Assembly, has the power to the exclusion of the National Assembly, to make Laws to regulate and control the operation of lottery within Lagos State.

They want an order nullifying Sections 17, 18, 19, 20 and 21 of the National Lottery Act CAP N145, Laws of the Federation of Nigeria as well as an order nullifying the entirety of the National Lottery Act CAP N145, Laws of the Federation of Nigeria.

The plaintiffs also seek “an order of perpetual injunction restraining the 1st Defendant either by himself, agents privies, agencies of the Federal Government of Nigeria or Federation of Nigeria through anybody acting on their behalf from implementing the provisions of Sections 17, 18, 19, 20 and 21 of the National Lottery Act CAP N145, Laws of the Federation of Nigeria, within the territory, of Lagos State.”

THE NATION