President Bola Tinubu has declared that he will not assent to the Central Gaming Bill recently passed by the National Assembly, insisting that lottery and gaming fall within the residual legislative powers of the states.
The president gave the assurance on Friday in Abuja during the meeting of the National Executive Committee (NEC) of the All Progressives Congress (APC).
Tinubu said that as a “constitutional democrat,” he clearly understood the limits of his exclusive legislative authority and would not overstep them.
The National Assembly had on December 2 passed the Central Gaming Bill, which seeks to grant the federal government powers to regulate lottery and gaming activities across the states of the federation and the Federal Capital Territory (FCT).
However, the bill drew strong opposition from the Lagos State Government. The Attorney-General of Lagos State, through his legal representatives, the law firm of Wole Olanipekun, SAN, wrote to the Attorney-General of the Federation (AGF), Prince Lateef Fagbemi, SAN, warning that presidential assent to the bill would amount to a disregard for the judgement of the Supreme Court.
The apex court had, in a judgement delivered last year, nullified the National Lottery Act, holding that lottery and gaming fall outside the legislative competence of the National Assembly and are residual matters reserved for state Houses of Assembly.
In the letter dated December 12, 2025, Olanipekun specifically urged the AGF to advise the president not to sign the bill into law, describing it as illegal and unconstitutional in view of the Supreme Court’s ruling.
At the APC NEC meeting, Tinubu appeared to align with that position, reaffirming his commitment to upholding the Constitution of the Federal Republic of Nigeria.
While acknowledging that both the executive and the majority of members of the National Assembly belong to the APC, the president was emphatic that the issue of lottery and gaming does not fall within federal legislative powers.
“What I want you to forget is centralised lotto, go and read the constitution again. It is a residual matter,” Tinubu said, adding, “Residual Matters belong to the exclusive legislative matters of the states.”
He warned advocates of the bill to desist from further action, stressing that he would not give it presidential assent.
“Don’t thread near it, there’s no need for us to argue. I am a constitutional democrat. Lottery, lotto law, centralized lotto, gaming, and whatever it is… I read it and that it was coming to me, I won’t sign it,” the president said.
In his letter to the AGF, Olanipekun recalled the Supreme Court judgement in Suit No. SC.1/2008 between the Attorney-General of Lagos State and others against the AGF and others, delivered on November 22, 2024, which nullified the National Lottery Act.
He lamented that despite the ruling, the National Assembly went ahead on December 2, 2025, to pass another legislation on lottery and gaming, tagged the Central Gaming Bill.
According to him, the bill purported to repeal the National Lottery Act “as if same was an existing law that had not been nullified by the judgement of the Supreme Court.”
“For emphasis and, as rightly acknowledged by your good self at the commencement of the Supreme Court legal year, the National Lottery Act ceased to be an existing legislation on November 22, 2024, when the Supreme Court delivered its judgement in SC.1/2008 and the National Assembly cannot subsequently purport to repeal what was/is already no longer in existence,” Olanipekun said.
He further noted that the bill sought to regulate online gaming and lottery across state boundaries and proposed that revenues generated would be distributed by the federal government rather than paid into the Consolidated Revenue Fund, contrary to constitutional provisions.
The senior advocate also recalled that the Supreme Court had “flatly rejected” the argument that lottery and gaming qualified as interstate or online economic activities that could be legislated upon by the National Assembly.
Expressing confidence in the AGF’s fidelity to the Constitution, Olanipekun said it would be improper for the federal government to re-enact legislation already declared unconstitutional by the apex court.
“It is in light of the foregoing that we respectfully implore the AGF to advise the President of the Federal Republic of Nigeria, to decline presidential assent to the gaming/lottery legislation,” he said.
The AGF had earlier, at the commencement of the Supreme Court legal year on November 22, 2024, described the judgement nullifying the National Lottery Act as landmark, acknowledging that the power to legislate on lotteries resides exclusively with state Houses of Assembly.
Reacting in a telephone interview with THISDAY after the president’s declaration, Olanipekun said he did not expect anything less from Tinubu, describing the decision as a demonstration of respect for the Constitution and the authority of the Supreme Court.
According to him, the refusal to assent to the bill underscored the nature of Nigeria’s federalism and the powers of the federating units.
He added that Tinubu’s stance reflected “the beauty of constitutional democracy,” commending the president and the AGF for aligning with sound legal advice and upholding the rule of law.
