The Lagos State Government has approached the Supreme Court seeking leave to initiate contempt proceedings against the National Assembly for allegedly disregarding a subsisting judgment of the apex court, which had declared federal legislation on lottery and gaming unconstitutional.

In a motion filed by the Lagos State Attorney-General and commissioner of Justice through Bode Olanipekun, SAN, the state urged the Supreme Court to grant it leave to commence judgment enforcement proceedings by issuing Form 48, the statutory notice of disobedience to court orders.

The issuance of Form 48 serves as an official warning to any individual or institution in contempt of a court order. Failure to comply after its issuance may lead to the commencement of committal proceedings, which could result in committal prison

According to Bode Olanipekun (SAN), the National Assembly’s ongoing consideration of the proposed Central Gaming Bill is in direct breach of the Supreme Court’s judgment in SC.1/2008: Attorney-General of Lagos State & Ors. v. Attorney-General of the Federation & Ors., delivered on November 22, 2024.

The state maintained that Clauses 7 and 21–64 of the proposed Bill deal exclusively with matters relating to lottery and gaming, subjects which the Supreme Court had already declared to be outside the legislative powers of the National Assembly.

Lagos contended that the provisions in the new Bill mirror those contained in the now-nullified National Lottery Act, which was struck down in the same 2024 judgment.

The affidavit noted that both the invalidated law and the new bill define “lottery” and “online gaming” in the same terms, covering games of chance or skill requiring a licence to operate.

The Supreme Court had, in its 2024 decision, held unequivocally that lottery and gaming fall within the purview of state governments, rejecting arguments that federal jurisdiction could be derived from Item 62 of the Exclusive Legislative List, which relates to “trade and commerce,” or that the interstate nature of gaming activities warranted federal oversight.

By returning to the Supreme Court, Lagos State is now seeking to enforce that landmark judgment through contempt proceedings – a move that could further define the boundaries of federal legislative authority and reinforce the supremacy of the judiciary in Nigeria’s constitutional democracy.