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Lagos State Lotteries and Gaming Authority (LSLGA) Names ‘Illegal’ Operators in Lagos State

The Lagos State Lotteries and Gaming Authority (LSLGA) has named 26 operators that it alleges are conducting illegal gaming activities in Lagos State.

“The attention of Lagos State Lotteries and Gaming Authority (LSLGA) has been drawn to the activities of
Lagos State without obtaining the prerequisite licenses from LSLGA and thereby in contravention of Section 33(3) of the Lagos State Lotteries and Gaming Authority Law 2021, which provides that ‘a person without a subsisting license or authorization from the Authority shall not conduct or operate any gaming activity in the State’,” Read a statement from the LSLGA.

According to the LSLGA, the following gaming operators are not in compliance with the governing regulations:

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The statement pointed out that the need for operators to comply with the rules and regulations set by the law is crucial to ensure fairness and transparency in the gaming industry. It was stated that the Lagos State Government derives powers to regulate Lottery and Gaming from Section 4 (7) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and this position has been established and elucidated by several judicial decisions.

According to the LSLGA, the public is warned to be vigilant and report any suspicious gaming sites to the authority for immediate action and investigation. It was emphasized that the safety of the public is their top priority, and they will leave no stone unturned in ensuring that illegal gaming activities are curbed.

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The statement also advised the public to desist from staking or betting on the platforms of the above-listed gaming operators, as they are deemed illegal and unknown to the LSLGA, and their gaming activities are against the provisions of the Constitution of the Federal Republic of Nigeria 1999 and the Lagos State Lotteries and Gaming Authority Law 2021.

The LSLGA emphasized its commitment to enforcing regulations and laws to create a fair and safe environment for all players and stakeholders in the gaming industry. They reassured the public of their role in ensuring compliance among operators and protecting all punters.

“The Lagos State Lotteries and Gaming Authority (LSLGA) wishes to reaffirm its commitment to regulating and promoting the gaming industry in Lagos State to ensure that the interest of all stakeholders is adequately protected.

The Lagos State Lotteries and Gaming Authority (LSLGA) based its decision to deem the operations of the cited betting firms as illegal in Lagos State on the following precedent-setting court cases:

The case of Edet v Chagoon (2008) 2 NWLR (PT. 1070) 85 at p108

The Court of Appeal held that:”Pools betting and Casino Gaming do not appear in either Part 1 (Exclusive Legislative List) or Part II (Concurrent Legislative List) of the second schedule to the 1999 constitution. Not being an item in the Exclusive Legislative List or in the Concurrent Legislative List and not matters incidental or supplementary to the execution of any of the powers in the Exclusive Legislative List or even the Concurrent Legislative List, pools betting and casino matters are residual matters.”
and further interpreted in the case of Attorney-General, Plateau State v Goyol (2007) NWLR (Pt. 1059) 57 at 92.

The Court held further that…. “Therefore the power of the state Government to legislate on a given matter must be traceable to the body of the Constitution, either the Exclusive Legislative List or the Concurrent legislative List or Residual List and any legislation on a matter outside the ambit of the said Constitutional provisions is null and void. This is amplified by the provisions of Section 1 (3) of the Constitution, which provides as follows: “if any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency be void”.

Suit No. SC/27/2009 between Attorney General of Lagos State v. National Sports Lotteries Ltd & Anor, 2023 NWLR Part 1899 pg 399

The Supreme Court held that where the question is whether the Respondents can lawfully carry out the business of Lottery in Lagos State without complying with the Lagos State Lotteries Law, 2008, the Court of competent jurisdiction will be the State High Court.

The Court also stated that the issues for determination are not within the Exclusive legislative list of the National Assembly to restrict the State High Court from adjudicating over it.

The judgement of the Federal High Court, Ibadan in Give ‘N’ Take Limited vs Oyo State Gaming Board and AG of Oyo State

The judgement that was delivered on the 23″ of July 2020 in Suit No. FHC/B/CS/133/2018 held that the:
“Oyo State Gaming Law 2018 is not subject to the provisions of the National Lottery Act and that an operator must register and obtain from the Oyo State Gaming Board, a lottery licence in order to carry out lottery or gaming business within Oyo State”.

In a related development, the LSLGA released a list of operators it deemed to be operating illegally in Lagos State in October 2023. This move was followed by a response from the National Lottery Regulatory Commission, which cleared a number of betting sites that had been previously accused of operating illegally in Nigeria.

Lanre Gbajabiamila, the Director-General of the commission, clarified that despite the LSLGA’s publication alleging that they were unlicensed, the operators held valid licenses to conduct their lottery and sports betting business in Lagos.

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