The Lagos State government has asked the Supreme Court for permission to begin contempt proceedings against the National Assembly for allegedly violating a standing judgment that declared federal legislation on lottery and gaming unconstitutional.

In a motion filed by the state’s Attorney General and Commissioner for Justice, Lagos is seeking leave to initiate judgment-enforcement proceedings through the issuance of Form 48 — a legal notice that precedes contempt or committal action.

Under Nigerian law, Form 48 serves as an official warning to a person or institution acting in defiance of a court order. Failure to comply after service may result in committal to prison.

Lagos’ counsel, Bode Olanipekun (SAN), said the National Assembly’s ongoing consideration of the proposed Central Gaming Bill directly breaches the Supreme Court’s judgment in SC.1/2008: Attorney-General of Lagos State & Ors. v. Attorney-General of the Federation & Ors., delivered on Nov. 22, 2024.

In a supporting affidavit, the state argued that several provisions of the new bill — particularly clauses 7 and 21–64 — address lottery and gaming matters, even though the apex court had ruled such issues fall outside the National Assembly’s legislative powers.

The affidavit said the clauses mirror those in the now-voided National Lottery Act, which the Supreme Court struck down in 2024. Both the invalidated law and the new bill define “lottery” and “online gaming” in identical terms, covering games of chance or skill that require a licence to operate.

Lagos also cited Clause 62 of the proposed law, which seeks to preserve previous actions taken under the nullified legislation, calling it a deliberate attempt to undermine the Supreme Court’s authority.

The state noted that since the 2024 ruling, no amendment has been made to the Second Schedule of the 1999 Constitution — which lists exclusive and concurrent legislative powers — to include lottery or gaming. This, Lagos argued, reinforces that such matters remain within the jurisdiction of state governments.

In its 2024 judgment, the Supreme Court held that the regulation of lottery and gaming lies outside the National Assembly’s powers, rejecting arguments that federal authority could be implied from Item 62 (trade and commerce) on the Exclusive Legislative List or from the electronic and interstate nature of gaming operations.

By returning to the Supreme Court, Lagos seeks to enforce that judgment through contempt proceedings — a move that could set a key precedent on the limits of federal legislative power and the supremacy of judicial authority within Nigeria’s constitutional framework.