A-G., LAGOS STATE & 21 ORS V. A-G., FEDERATION & 15 ORS
(2024) JELR 114343 (SC)
Supreme Court
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SC.1/2008
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22 Nov 2024
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Nigeria
Coram
Uwani Musa Abba Aji, JSC,
Mohammed Lawal Garba, JSC,
Emmanuel Akomaye Agim, JSC,
Haruna Simon Tsammani, JSC,
Stephen Jonah Adah, JSC,
Jamilu Yammama Tukur, JSC,
Mohammed Baba Idris, JSC
Appearances
B. Olanipekun, SAN with him A. Adeyemi, Esq, O. Ajayi, Esq, A. Makinde, Esq, A. Kawu, Esq, O. Murtala, Esq and R. Nmarkwe, Esq for the 1st Plaintiff
Adetunji Oso with him Umar Abdulhameed 2nd Plaintiff
Ikech kwu Uwanna (Attorney-General, Abia State) with him Nkolika Ubani (Mrs) (Senior Special Assistant, Legal), Chinedum I. Amanamba (Assistant Chief State Counsel) for 3rd Plaintiff Bassey J. Ekanem for 4th Plaintiff
Prof Sylvia Chika Ifemeje (Attorney-General, Anambra State) with him Ugochukwu Ameke (Principal State Counsel) and Peter Odili (Senior State Counsel) for 5th Plaintiff
Divine Oguru for 6th Plaintiff
R. Okotie-Eboh with him Comfort Akolo for 7th Plaintiff
Emmanuel Akomaye with him E. Kanwi for 8th Plaintiff
Omamuzo Erebe (Solicitor-General, Delta State) with him Frank Oseya (Assistant Director) for 9th Plaintiff
Kelechi Nwaiwu for 10th Plaintiff
Oluwole Osaze - Uzzi (Attorney-General, Edo State) with him Ernest C. Ezeh and Fredrick N. Ogbe for 11th Plaintiff
Kingsley T. Udeh (Attorney-General, Enugu State) with him W.I Ezenwukwa (Director, Civil Litigation), Osinachi Nnajieze and C.V. ASO GWA UGWUEZE (L.O) Legal Officer) for 12th Plaintiff
C.O.C Akaolisa (Attorney-General, Imo State) with him Abu Chikwe PSC (Principal State Counsel) for 13th Plaintiff
Abimbola M. Kayode with him Mary I. Oche for 14th Plaintiff
Professor Abdulkarim A. Kana, SAN with him Hannatu Halilu for 15th Plaintiff
Olusola Oke with him Oluwaseyi Bamig oye for 16th Plaintiff
Oluwole Jimi-Bada (Attorney-General, Osun State) with him Bamidele Salawu and John Opaluwa for 18th Plaintiff
Abiodun Aikomo (Attorney-General, Oyo State) with him N. A. Abiola. for 19th Plaintiff
P. A Daffi (Attorney-General, Plateau State) with him Joel Tahvan (SolicitorGeneral), Philip Dashak (Assistant Director Civil Litigation) and N. J Miner (Chief State Counsel) for 20th Plaintiff
F. G. Warmate with him Patrick Enebeli for 21st Plaintiff
G. A. Idiagbonya with him M. J. Vokna for 22nd Plaintiff
I. Daagba, Esq with him V. Adodo, Esq and H. M. Gbor, Esq for 1st Defendants
Ifeanyi M. Nrialike Esq with him Charles Yoila Esq, Bassey Emmanuel (Mrs) Justus Neuk (MRS), Justus Ntuk (MRS) and Kenechukwu H. Okolo Esq for 2nd defendant
A.K. Jingi Esq, Honourable Attorney General with him Z. Y. Usman Esq, Senior State Counsel -1 for 3rd defendant
S. Gumba Esq Ag. Director Planning, Research and Statistics for 4th defendant
Omosanya A. Popoola SAN with him A.O. Abdulkareem Esq for 5th defendant
Adesomoju Akin SAN with him Matthew Torsaa Esq for 6th defendant
Habeeb A. Oredola Esq with him Temitope Saliu (MS) for 7th defendant
M. T. Mohammed Esq with him D. K. Laah (Mrs) for 8th defendant
Huwaila M. Ibrahim Esq with him Sani Ammani Esq for 9th defendant
Abdul Mohammed SAN with him Sunusi Musa SAN, Francis O. Amedu Esq and Chimelie N. Ayo Esq for 10th defendant
Junaidu Bello Marshall Esq, Honourable Attorney General with him A. A. Udu Esq, Senior State Counsel for 11th defendant
Senior Ibrahim Sulyman Esq, Honourable Attorney General with him Kudirat Abdulkareem (Mrs), Chief State Counsel for 12th defendant
Nasara Danmallam, Esq with him C. P. Ocheja, Esq and C. P. Emezube, Esq for 13th defendant
Mohammed Nasiru Binji, Esq, Honourable Attorney General with him L. S. Wali Esq, Director, Civil Litigation for 14th defendant
Baba Dala Fika, SAN with him Mohammed Iliyasu, Esq and M. S. DanlAzumi, Esq for 15th defendant
Adeyemi Pitan, Esq with him Ebikonbo-Ere Opokuma, Esq and peace Kenoye (MS) for 16th defendant
Judgement
MOHAMMED BABA IDRIS, J.S.C. (Delivering the Leading Judgment): This is a suit in the original jurisdiction of this Court brought pursuant to Section 232 of the Constitution of the Federal Republic of Nigeria, 1999 (hereinafter referred to as the Constitution). By an Order of this Court made on the 25th day of March, 2024 the Plaintiffs filed their Further Amended Originating Summons on the 23rd day of May, 2024 wherein the Plaintiffs sought answers to the following questions:
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 1999 Constitution") which gives the National Assembly the exclusive power to make laws on the Sixty-eight (68) items exhaustively set out in part I of the Second Schedule of the 1999 Constitution, whether the National Assembly has the vires to make any law to regulate and control the operation of the lottery in Nigeria, particularly, by the National Lottery Act, Cap N 145, Lā¦
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