President Bola Ahmed Tinubu has assured that he will not assent to the Central Gaming Bill recently passed by the National Assembly, citing constitutional limitations on federal legislative powers.
The president gave the assurance on Friday in Abuja during the National Executive Committee (NEC) meeting of the All Progressives Congress (APC), stressing that lottery and gaming fall within the residual powers of the states.
“I am a constitutional democrat. Lottery, lotto law, centralised lotto and gaming are residual matters. I will not sign it,” Tinubu said, warning proponents of the bill to desist from further action.
The National Assembly had on December 2 passed the Central Gaming Bill, which seeks to empower the federal government to regulate lottery and gaming activities across the states and the Federal Capital Territory (FCT).
However, the Attorney-General of Lagos State, through the law firm of Wole Olanipekun, SAN, had written to the Attorney-General of the Federation (AGF), Prince Lateef Fagbemi, SAN, urging him to advise the president against assenting to the bill. The letter warned that signing the bill would amount to a disregard for a Supreme Court judgment that nullified the National Lottery Act.
In its judgment delivered on November 22, 2024, the Supreme Court held that lottery and gaming are residual matters within the legislative competence of state Houses of Assembly, and not the National Assembly.
Olanipekun argued that the Central Gaming Bill was illegal and unconstitutional, noting that the National Assembly lacked the powers to legislate on lottery and gaming. He further contended that the bill purported to repeal the already-nullified National Lottery Act and proposed revenue arrangements contrary to constitutional provisions.
At the APC NEC meeting, Tinubu reaffirmed his commitment to upholding the Constitution, despite the fact that both the executive and the majority of the National Assembly members belong to the same political party.
Following the president’s declaration, Olanipekun, in a telephone interview, said he was not surprised by Tinubu’s decision, describing it as a demonstration of respect for the Constitution and the Supreme Court. He added that the judgment underscored the nature of Nigeria’s federal system and the autonomy of the states.
He also commended the AGF for his fidelity to the Constitution and praised the president for aligning with legal advice to decline assent to the bill.
