The Nation Newspaper

Category: Law

  • Why internship, unemployment benefits law is needed, by Senator

    Why internship, unemployment benefits law is needed, by Senator

    The National Internship and Unemployment Benefits Bill, which has passed first and second readings in the Senate, will help address unemployment when it becomes law.

    The sponsor, Senator Shuaib Afolabi Salisu, representing Ogun Central Senatorial District, said the Bill aims to establish a structured database for unemployed youths.

    It will also provide for the implementation of long-term employment solutions.

    “The current unemployment statistics in Nigeria vary depending on the source, but the reality is that unemployment has reached an alarming level,” he told reporters.

    He said he designed his empowerment programmes to focus on education and skills acquisition.

    “I believe in teaching people how to fish, where to fish, and how to sell their fish,” he said.

    Salisu is also pushing for the constitutional recognition of traditional institutions in governance.

    He advocated for the establishment of a National Council of Traditional Rulers, emphasising that Ogun Central has a legacy of strong traditional leadership.

    For Salisu, education is not just a policy agenda, it is a personal conviction rooted in his own journey.

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    He strongly believes that education, more than any physical asset, offers a lifetime guarantee of empowerment.

    “If I give you any material item—be it a tricycle or a hairdryer—it can be stolen, abandoned, or become obsolete.

    “But if I provide you with education or skills that enable you to earn a decent living, even I, as the provider, cannot take it back from you,” he said.

    A product of public education himself, Senator Salisu knows firsthand the transformative power of learning.

    From his early days at a public primary school in Odeda Local Government to his secondary education at Oke Ona Grammar School, and eventually earning a degree from the University of Lagos, education has been his passport to political and professional success.

    “If not for education, I would have simply continued in my father’s transport business – Omoyayi. That would have been my limit.

    “But education provided me with opportunities to work in banks, multinational corporations like Mobil, and ultimately rise to become a Chief of Staff and now a Senator of the Federal Republic of Nigeria,” he said.

    Recognising that many talented youths in Ogun Central are trapped in economic hardship, he has dedicated himself to unlocking their potential through structured educational interventions.

    Salisu said he has put his beliefs into action with several targeted interventions that go beyond surface-level donations.

    His approach has been structured, data-driven, and impactful.

    Understanding that financial constraints often deny bright students access to tertiary education, he has consistently provided free JAMB, WAEC, and NECO registrations.

    “Last year, I gave out 1,000 JAMB forms and paid for NECO and WAEC fees. This year, we did the same. I recognise that N20,000 for WAEC registration is a huge burden for many parents.

    “If a child misses that opportunity, what does he become? An Okada rider? That single setback can truncate a promising future,” he emphasised.

    Unlike many political giveaways done for publicity, his distribution process is data-driven.

    “I wrote to the Ministry of Education, requesting a list of brilliant but financially disadvantaged students.

    “We used that data to allocate JAMB forms and exam fees to those who truly needed them,” he said.

    Salisu has facilitated improvements in his alma mater, Oke Ona Grammar School, by enhancing infrastructure, mentoring students, and incentivising teachers.

    Additionally, he has provided textbooks, past examination questions, exercise books, mathematical sets, and school bags to all secondary schools in Ogun Central.

    “We did not just distribute school bags randomly. We structured it to serve as motivation.

    “We asked schools to select the top three students in five academic departments—science, technology, humanities, and commerce,” he explained.

    To further inspire students, he has introduced an initiative that brings high-achieving role models to interact with young learners.

    “We invited the two best-graduating students from the University of Lagos—both of whom had a perfect 5.0 CGPA. One of them was a product of Abeokuta Grammar School.

    “Their presence alone proved to the students that attending a public school is not a disadvantage,” he said.

    During these engagements, Salisu shared three core messages with students: that public school education does not limit potential, that they should delay gratification by reducing time on social media and focusing on studies, and that character and values matter more than social media celebrity status.

    “I remind them that success requires focus and discipline. Many students get distracted by short-term pleasures instead of investing in their future. Education is the key to long-term empowerment,” he added.

    Salisu’s dedication to education predates his political career. Even before becoming a senator, he had been actively involved in mentoring students and improving learning facilities.

    “At the University of Lagos, I had always contributed to capacity-building programmes for final-year students.

    “The university has now adopted these entrepreneurship programmes as part of their graduation requirements,” he revealed.

    His long-term vision is to shift Nigeria’s development focus from oil and gas to human capital.

    “A nation’s wealth is no longer measured by oil reserves but by the quality of knowledge in the heads of its citizens.

    “Nigeria has a youth population of 70 per cent. We can only be globally competitive if we invest in education,” he said.

    According to Salisu, balancing the core responsibilities of a legislator with the expectations of constituents is a delicate act that many senators struggle with.

    For him, the task is even more daunting—given the district’s historical, political, and educational significance.

    But he remains steadfast: “I am fully preoccupied with my current mandate. My focus is to be the best senator from Ogun Central.”

    The senator said he has made significant efforts to directly impact his constituents through various developmental projects.

    Infrastructure projects under his tenure include: borehole installations in markets to improve access to clean water, solar-powered streetlights for enhanced security and ICT centres, including one in Idi-Aba and another in Ifo, dedicated to his late predecessor, Senator Kunle Oyero, to equip young people with digital skills.

    A legislator’s primary duty is to make laws, but in Nigeria’s political landscape, representation extends beyond legislative work.

    “Some legislators do not speak in the National Assembly or visit their constituencies.

    “Yet, six months before an election, they return with large sums of money to secure their party’s nomination,” he laments. “That is not the approach I take.”

    He seeks a balance – excelling in legislative duties while maintaining grassroots engagement.

    One of his major legislative interventions was tackling the controversial raids by customs officers on markets in Ogun State.

    Recognising the economic hardship such actions caused, he engaged the Comptroller-General of Customs and moved a motion in the Senate to ensure that customs officers focused their enforcement at borders rather than targeting traders within the state.

    “Raiding trailers at night is not law enforcement—it is brigandage, and it is unacceptable,” he states.

    The intervention was well-received by market women, who had suffered under the indiscriminate actions of customs officials.

    Beyond his projects, Salisu said he wants to be known as a politician who stands by his words.

    “We are not only accountable to our constituents but also to God. That principle guides everything I do.

    “When I speak in the Senate, I do so with the awareness that I represent a region of historical and national importance,” he asserts.

    Salisu insists that governance should be about delivering solutions, not chasing headlines.

    “I am not a conventional politician who would execute a N10 project and spend N20 on publicity,” he said.

    ““If I have N30, I would rather spend N25 on the project, N3 on logistics, and only N2 on publicity.

    “However, I recognise the need for awareness, and I am learning. But my priority will always be providing solutions to the real challenges faced by my constituents.”

    Amid growing speculation about his political future, he said he remains focused on delivering on his current mandate.

    “As for 2027, it is still very far away. Instead of engaging in speculation, let us focus on the job we have been given now.”

    For Senator Salisu, the goal is clear: to be the best senator Ogun Central has ever had.

    And with a strategy that blends legislative excellence with grassroots engagement, he is determined to leave a legacy that outlives his tenure.

    The man Salisu

    Senator Shuaib Afolabi Salisu, fondly called SAS, is a Nigerian computer scientist, IT entrepreneur, and politician.

    Born in the Opeji community, within Odeda Local Government Area of Ogun State, he embarked on his academic journey at the community primary school before furthering his education at Oke-Ona Grammar School, both situated in the community.

    His pursuit of knowledge led him to the prestigious University of Lagos, where he attained two Master’s degrees in Computer Science and Business Administration, a testament to his scholarly dedication and intellectual prowess.

    Throughout his illustrious career, SAS has left an indelible mark across various sectors, particularly in the Information Technology industry.

    He has lent his expertise to prominent institutions such as the defunct Equatorial Trust Bank, Pacific Merchant Bank, and DevCom Merchant Bank in the banking sector, while also making significant contributions to the Oil and Gas industry through his tenure with Total and Mobil Oil Producing.

    He founded Simplex Automation Systems Limited, a confirmation of his entrepreneurial acumen and innovative spirit.

    In his formative years at the university, Senator Salisu demonstrated an early penchant for community advocacy and political engagement, a commitment he has carried forward into his distinguished career in mainstream politics.

    SAS has cultivated a formidable political presence as a grassroots mobiliser, astute strategist, and adept technocrat, garnering invaluable experience through his tenure as Deputy Chief of Staff to Governor Ibikunle Amosun and Chief of Staff to Governor Dapo Abiodun of Ogun State.

    His foray into electoral politics saw him emerge as the candidate of the Action Congress of Nigeria for the House of Representatives in the Abeokuta North, Obafemi-Owode, and Odeda constituencies in 2009, followed by a bid for the Ogun Central Senatorial District under the All Progressives Congress ticket in 2015.

    Senator Salisu’s professional credentials extend beyond national borders, as evidenced by his certification as a Business Intelligence consultant and his fellowship with the Computer Society of Nigeria.

    He has graced numerous international forums as a keynote speaker, delivering insightful presentations on corporate governance, ICT, and management across four continents, thus solidifying his stature as a respected luminary in the global ICT landscape.

    His transformative impact extends beyond the realms of business and academia, as SAS has played a pivotal role in shaping pivotal policy initiatives aimed at national development.

    Noteworthy among his achievements is his instrumental role in spearheading the transition to computer-based testing at the Joint Admissions and Matriculation Board (JAMB), underscoring his proactive approach towards modernising critical sectors of the nation’s economy.

    Additionally, he has led groundbreaking World Bank projects that facilitated the transformation of the transport sector in Lagos State, further attesting to his visionary leadership and capacity for effecting systemic change.

    As Chairman of the Senate Committee on ICT and Cyber Security, Vice Chairman of the Senate Committee on Media and Publicity, and numerous other capacities, he continues to leverage his expertise and influence to advance progressive legislative agendas that resonate with the aspirations of the Nigerian populace.

    Since taking office in the 10th Senate, Senator Salisu has spearheaded numerous impactful initiatives within his constituency, resulting in tangible benefits for his constituents.

    These initiatives encompass a wide range of endeavours, including organising training sessions for small and medium-scale business owners, providing digital technology training for youths, and consistently supplying palliatives to underprivileged members of his constituency every quarter.

    Senator Salisu has been an active participant in the deliberations of the Nigerian Senate, where he has made significant contributions on matters of both national significance and those specifically concerning his constituents.

    Notably, he played a pivotal role in addressing the actions of officers from the Nigerian Immigration Service, who unlawfully raided shops in various marketplaces across the Abeokuta metropolis under the pretext of seizing bags of rice allegedly smuggled into the country through land borders.

    Senator Salisu’s firm denouncement of these actions prompted the Senate to conduct a thorough investigation, leading to the cessation of such unwarranted intrusions by NIS officers.

    Of particular significance is Senator Salisu’s proposed bill on the National Internship and Unemployment Scheme, designed to enhance the welfare of unemployed graduates nationwide. This legislative endeavour underscores his commitment to addressing pressing socio-economic challenges and fostering a brighter future for all.

    Senator Salisu’s journey embodies a testament to the transformative power of visionary leadership and steadfast commitment to the principles of democracy and social equity.

  • Ex-AGF Ajibola’s autobiography for launch in Lagos

    Ex-AGF Ajibola’s autobiography for launch in Lagos

    The autobiography of the late Judge of the International Court of Justice and former Attorney- General and Minister of Justice, His Excellency, Prince Bola Ajibola, titled Tribulations & Trophies, Bola Ajibola . . . In His Own Words! will be publicly presented in Lagos on April 10, 2025.

    According to a statement signed by the Chairman of the Bola Ajibola Book Presentation Committee, Prof. Ibraheem Gbajabiamila, the event will take place at the Oriental Hotel, Victoria Island, Lagos.

    It will host top government functionaries, members of the diplomatic corps, and captains of industry from various sectors, both locally and internationally, particularly in law and education.

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    Prof. Gbajabiamila stated, “Judge Ajibola’s life’s work, etched in service and dedication, spans a commendable tenure as a jurist, public servant, diplomat, and advocate for global peace.”

    He emphasised, “Bola Ajibola stood as a beacon of vision, wisdom, sacrifice, and integrity. His journey from the humble corridors of Owu Day School, Abeokuta, to the grand halls of the International Court of Justice in The Hague is truly inspiring.”

    The event will be chaired by the former President of Nigeria, Chief Olusegun Obasanjo, with the former Vice President, Prof. Yemi Osinbajo, delivering the keynote address.

    Also, former Lagos State Governor, Mr. Babatunde Raji Fashola, SAN, will also deliver a special address, while Prof. Auwal Yadudu will review the book.

    Other notable personalities expected at the presentation include the President of Dangote Group, Alhaji Aliko Dangote; the President of BUA/ASR Group, Alhaji Abdul Samad Rabiu; and Sir (Dr.) Kensington Adebukola Adebutu, among others.

  • Ogunkanmi a courageous magistrate, say CJ, lawyers

    Ogunkanmi a courageous magistrate, say CJ, lawyers

    Stakeholders in the justice sector converged on the Ikeja High Court complex last Wednesday to honour one of their own,  the late Magistrate Eniola Olusanmi Ogunkanmi, at a  valedictory court session.

    Chief Judge of Lagos State, Justice Kazeem Alogba, High Court judges, Attorney General and Commissioner for Justice, Lawal Pedro (SAN), the president of the Nigerian Bar Association (NBA), Mazi Afam Osigwe (SAN), magistrates, Lawyers and other staffs and non- staff of the judiciary graced the event.

     The Chief judge described the late Magistrate Ogunkanmi as a courageous Magistrate  who left indelible marks in the state judiciary.

    He said the late Magistrate Ogunkanmi was a humble, gentle, loving father and carering husband to his wife.

    The Lagos Attorney-General, Mr Pedro (SAN) who was represented by Olamide Ibrahim, said late Ogunkanmi’s as a legal practitioner, lived a complete spiritual life, full of integrity and fulfilled life. May his soul rest in peace.

    For NBA president, Osigwe (SAN) he was humble and the legacy he laid down in Lagos State Judiciary cannot be forgotten.

     Osigwe was represented by Olarenwaju Obadina said, “truly Chief Magistrate Eniola O. Ogunkanmi cannot be forgotten in the room of justice as a carrier man, humble and the legacy he laid down in Lagos State Judiciary cannot be forgotten.” 

     Dr Muiz Banire (SAN) described him as a gentleman from school as the man of integrity.  “He served well,  it is not how far but how well he taught his family the way of the Lord.

    The Body of benchers,  Mr. Olasupo John said,”Ogunkanmi lived the life of humility and integrity. He contributes to Lagos State Judiciary. His memory can not be forgotten, May his soul rest in peace.”

    The Chairman of Magistrates, Mrs. Folarin Williams said, late “Eniola O. Ogunkanmi aka Baba jeje  joined Lagos State Judiciary in 2001, he was committed to the group positively he was a easy going man carng, loving father and dedicated man.”

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    Chairman of the NBA Ikeja branch represented by Olabisi Makanju, celebrated a life of remarkable man of integrity, humble, honour and wisdom the life of departure Magistrate Eniola Ogunkanmi as a lesson to everyone of us. Anywhere you are remember that death will come, May his soul rest in peace.

    Late Ogunkanmi was appointed as a Magistrate Grade 2 on May 22, 2001 and had served judiciary in various capacity as a Chief Magistrate. Over the years, he rose through the ranks, ultimately becoming a Chief Magistrate (Administration).

    He was appointed the Head of the Department, Litigation of the Lagos State Judiciary, (Ikeja) in September, 2024. His tenure was marked by integrity, fairness, and an unwavering commitment to justice. 

    As a Chief Magistrate, he was entrusted with a range of responsibilities, including sensitive administrative functions in the Court system. He was highly respected for his ability to handle both the legal and human aspect of justice with wisdom and compassion.

    In 2013, he further expanded his legal expertise by becoming an Associate of the Chartered Institute of Arbitrators Nigeria (ACIArb). He was a member of various professional associations, including the Nigerian Bar Association and the Magistrates Association of Nigeria (Lagos Branch), 

    His work was not just a career but a mission to bring fairness, dignity, and justice to those who came before him. 

    In 2013, he further expanded his legal expertise by becoming a member of Associate of the Chartered Institute of Arbitrators Nigeria (ACIArb). He was equally a member of various professional associations, including the Nigerian Bar Association and the Magistrates Association of Nigeria (Lagos Branch).

  • LASU authenticated my Masters certificate, Primate tells court

    LASU authenticated my Masters certificate, Primate tells court

    Archbishop of the African Church, Rev. Julius Osayande Abbe, has urged the Federal High Court to dismiss a suit by the Lay President, Olubukunola Okunowo.

    The plaintiff seeks to restrain Abbe from further acting as the Primate over alleged discrepancies in his Master’s Degree certificate.

    Okunowo, a priest in the church who holds the position of reverend, sued Abbe and the Incorporated Trustees of the African Church, of which he is also a member.

    But, Abbe, in his statement of defence, told the court that contrary to Okunowo’s allegations, the Lagos State University (LASU) authenticated his Master’s degree certificate and “determined that the matter be foreclosed once and for all”.

    He said the authentication was the basis for a motion that was moved and unanimously approved declaring him eligible to vie for the position of Primate after he fully satisfied the Screening Committee’s requirements.

    “Notably, the plaintiff was recorded as having been absent with an apology from that meeting,” Abbe said.

    The Primate denied any attempt to change or falsify documents relating to his qualification.

    “The only issue, if at all there was any, was as to the date written on the first defendant’s Masters degree certificate, which has long been clarified by the issuing body, LASU,” the defendant said.

    According to Abbe, LASU stated that he was a post-graduate student in the 1999/2000 academic session, while the transcript “strangely” stated that he was a post-graduate in the 2000/2001 academic session.

    LASU had clarified that the effective date a certificate bears will be the date the Senate actually sat, considered and approved the result, notwithstanding the session a person graduated.

    The incorporated trustees of the church, in its statement of defence, also informed the court that Abbe completed his programme in LASU in the 1999/2000 session.

    The trustees stated: “The plaintiff is focusing excessively on the clerical errors in the LASU transcript while neglecting the clear context of LASU’s letter, and this is an attempt by the plaintiff to mislead the court.”

    On the claimant’s allegation of two conflicting Master’s degrees, the second defendant pleaded LASU’s letters in court, in which it clarified that there was a lack of diligence on the part of the administrative staff (Secretary, Post Graduate School).

    The Primate averred that the guidelines provided in Section 105 of the Constitution of the African Church 2014 were adhered to strictly and that neither the executive committee nor the general committee sidestepped or suspended any of its provisions.

    Abbe told the court that he holds all necessary certifications and qualifications required by the Constitution of the African Church for the position of Primate.

    He averred that any alleged discrepancy or errors regarding his qualifications were addressed and resolved by LASU.

    He said the plaintiff’s claims disclose the total absence of any merit or purpose sought to be achieved “other than to bring him to disrepute, mockery, lack of public trust and an assault on the integrity and sanctity of the first defendant (Abbe).”

    The Primate urged the court to dismiss the suit “for being frivolous, malicious, baseless, vexatious and amounting to an abuse of judicial process”.

    Giving further details, Abbe stated that he was admitted for a post-graduate course leading to the award of a Master’s degree in Christian Religious Studies after being cleared by the school as eligible to undergo the post-graduate programme.

    He told the court: “The first defendant further avers that at the conclusion of his one-year post-graduate programme in CRS in the Department of Religious Studies, he was awarded a Master’s degree certificate, dated 31/1/2007.
    “The first defendant avers that as part of the pre-requisites during the screening stage of the pre-election into the office of Archbishop/Primate, the first defendant submitted to the second defendant his Master’s degree certificate, dated 31/1/2007.

    “However, the date on the submitted certificate, that is 31/1/2007, brought confusion as to the correctness of the date stated therein, given that the first defendant’s Master’s degree programme was in the 1999/2000 session.

    “The first defendant in a bid to clarify the situation, wrote to the Registrar of LASU, by his letter of 10/12/2014, requesting that the error on the date of his Certificate of Master’s Degree be addressed.

    “Upon receipt of the first defendant’s letter of 10/12/2014, the Secretary, Post Graduate School, LASU, by his letter dated 19/1/2015, re-issued a Certificate to the first defendant dated 29/6/2001.

    “This was later seen to have been done in error by the Secretary, Post Graduate School, LASU.

    “The first defendant avers that he presented the re-issued certificate to the Screening/Election Committee to be able to conclude his screening exercise and be declared eligible to vie for the office of the Archbishop/Primate.

    “There was however, still further confusion and controversy in the committee, as there were then two certificates, both issued by LASU, submitted for screening, one dated 31/1/2007 and the other dated 29/6/2001, creating unnecessary delay in concluding the first defendant’s screening for the aforesaid office.

    “Due to the issue surrounding the two issued certificates, LASU by their letter to the first defendant dated 2/3/2015 withdrew both certificates in order to conduct an investigation and reconcile the discrepancy on the dates of both certificates while maintaining that the certificate dated 31/1/2007 was the authentic certificate.”
    The case has been fixed for hearing on May 5.

  • Way out of prison congestion, by legal titans

    Way out of prison congestion, by legal titans

    After a three-month tour of the facilities of the Nigerian Correction Service (NCoS), a panel of the Federal Government returned and gave a damning report on the sorry state of the inmates and custodial centres across the country. ADEBISI ONANUGA spoke with experts on how to address these problems.

    Last Tuesday, a working group on the review of the legal status of persons in Correctional Centres submitted its first report to the Federal Government.

    It investigated cases inconsistent with Section 35 of the 1999 Constitution, and other human rights instruments to which Nigeria is a party.

    The audit exercise of inmates in selected custodial centres was carried out between January 13 and March 14.

    The facilitator, Olawale Fapohunda (SAN), presented the report to the Attorney-General of the Federation, Prince Lateef Fagbemi (SAN).

    The focus was on the legal status of inmates who have been kept in detention longer than the maximum period of imprisonment prescribed for the offence.

    The working group identified two distinct categories of inmates: those in remand for non-capital offences and those for capital offences, including terrorism.

    In one custodial centre, the working group discovered at least seven inmates remanded for offences relating to terrorism who have been on remand for upwards of 10 years.

    No record showed that they were brought before any court since the date of their detention.

    This category of inmates includes those without legal representation.

    Fapohunda lamented that there were several inmates kept in detention for periods longer than the maximum period of imprisonment prescribed for the offence because they did not have legal representation.

    The working group found that an alarmingly high number of inmates in the custodial centres under review were without legal representation.

    There were also inmates with life-threatening ailments who required urgent medical attention, the cost of which was outside the budget of the Correctional Services.

    Fapohunda said the working group identified several minors, including those whose ages were incompatible with their physical outlook.

    Experts in justice, prison reform, and rights advocacy have offered ideas on how the correctional centres can be decongested.

    They include the Founder and Executive Director of Crime Victims Foundation of Nigeria (CRIVIFON), Mrs. Gloria Egbuji; the Executive Director of Prison Fellowship of Nigeria (PFN), Dr Jacob Tsado and Founder of Zarepath Aid, a legal aid and criminal justice reform organisation, Ben Abraham.

    Mrs. Egbuji said the revelations by the panel had spotlighted the pressing challenges.

    She agreed with the panel that issues such as overcrowding, prolonged pre-trial detention, inadequate legal representation, and substandard healthcare are alarmingly prevalent.

    According to her, as of 2023, the Nigerian Correctional Service reported a total inmate population of 74,872, with 51,939 individuals—approximately 69 per cent—awaiting trial.

    “This statistic underscores systemic inefficiencies that necessitate immediate attention,” she said.

    ‘Enhance legal representation’

    Mrs. Egbuji stressed the need to enhance legal representation for the inmates, most of who lack access to legal aid, prolonging their detention.

    She argued that strengthening the Legal Aid Council of Nigeria and collaborating with NGOs can ensure timely legal assistance, adding that initiatives like Hope Behind Bars Africa and CRIVIFON have demonstrated the efficacy of pro-bono legal services in expediting justice.

    The rights activist recommends Alternative Dispute Resolution (ADR) to resolve minor offences.

    “ADR mechanisms can reduce the burden on courts and correctional facilities. This approach promotes restorative justice and alleviates overcrowding. Lagos State model can be adopted,” she said.

    She said adopting community service, probation, and fines for non-violent offenders can decrease inmate populations and facilitate better rehabilitation.

    “The Nigerian Correctional Service Act of 2019 supports such measures,” she said.

    Mrs Egbuji stressed the need to streamline judicial processes.

    “Addressing delays by improving court procedures and ensuring timely trials is crucial.

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    “Enhanced coordination among criminal justice stakeholders can mitigate prolonged pre-trial detentions. The ACJA has robust provisions for those,” she said. 

    Facilitating reintegration and preventing recidivism

    Mrs. Egbuji suggested vocational training and education programmes to equip inmates with skills to enhance their employability post-release.

    She advised that programmes focusing on trades, literacy, and entrepreneurship can facilitate smoother societal reintegration.

    She also stressed the need to strengthen community support systems and engage community organisations in reintegration efforts to foster acceptance and support for ex-inmates to reduce stigma and promote societal harmony.

    The CRIVIFON Executive Director stressed the need to improve infrastructure by renovating facilities to ensure adequate ventilation, sanitation, and living space is essential.

    “Addressing overcrowding by constructing additional facilities or expanding existing ones is imperative.

    “Some awaiting trial inmates (ATMs) die while in overcrowded awaiting cells Ikoyi prison is a good example,” she said.

    According to her, regular medical check-ups and prompt treatment for ailments are vital.

    She added that partnerships with health organisations can bolster medical services within correctional centres.

    Mrs Egbuji suggested that correctional officers be educated on human rights and modern rehabilitation practices to foster a more compassionate environment.

    She also suggested policy reforms by reviewing and amending laws that contribute to excessive incarceration, such as stringent bail conditions for minor offences, which can reduce inmate numbers.

    She submitted that technological integration through the implementation of electronic case management systems enhances transparency and efficiency in tracking inmate cases, reducing unnecessary delays.

     She believes that if these measures are implemented, Nigeria can transform its correctional system into one that upholds human dignity, ensures justice, and promotes effective rehabilitation.

    Transformation of custodial centres

    Dr. Tsado agreed with the panel report that there is an urgent need to transform the custodial system into one that truly corrects and rehabilitates.

    He listed the strategies to be adopted, including speeding up the judicial processes, promoting non-custodial sentences for minor offences, and enforcing fair bail conditions.

    The PFN Executive Director suggested transforming the Non-Custodial Directorate into a full-fledged Probation Service staffed by trained professionals to supervise and rehabilitate offenders outside of custody while a national offender database should be established to track and manage sentencing and reintegration.

    He emphasised the need for adequate food, healthcare, and sanitation while upgrading infrastructure to meet humane standards.  

    Restorative Justice Implementation

    Dr Tsado stressed the need to establish dedicated Restorative Justice centres within judicial and correctional institutions and invest in training law enforcement and judicial officers to apply RJ principles effectively.

    Stronger Oversight & Accountability

    To drive reforms in correctional facilities, he said there was a need to introduce regular independent inspections and foster public-private partnerships

    Urgent action needed

    Abraham noted that there have been several panels and reports over time pointing to the inhumane living conditions in our correctional facilities.

    He said issues abound in the area of feeding, health and medical management, beddings, condition of the cells, water, sanitary and case management of inmates.

    According to him, most custodial facilities are over-stretched, carrying more than their built-in capacity.

    “In Lagos State, for instance, the custodial facilities are congested. Ikoyi facility presently houses well over 3,000 inmates, a wide margin from the 800-inmate built-in capacity.

    “Sometime in October 2023, the correctional authorities in Lagos State cried out that their cells could no longer take more inmates.

    “They activated S.12(4) of the Nigerian Correctional Service Act 2019 and refused the further intake of remanded suspects.”

    He recalled that stakeholders in the criminal justice system rallied around to rejig the system and decongest the cells.

    Abraham said after the efforts at decongestion by the stakeholders, the prison authorities renewed the intake of remanded suspects.

    He noted that the NCS has also lamented that of the number of inmates under their custody, only about 30 per cent are convicted inmates. The rest are awaiting trial inmates.

    Abraham said the problem of prison congestion is multi-sectoral.

    “The activities of the Police in this chaos are worth noting and condemning,” he said.

    He said: “To date, the Police engage in mass arrest of people in what is referred to as ‘raiding’.

    “Some of the arrested ‘suspects’ manage to pay their way out while the rest are slammed with different charges and remanded in custody by Magistrate courts.

    “While a number of these ‘suspects’ fulfil their bail conditions and go home to attend their trial from there, many others are unable to do so, further congesting the facilities and stretching the few available resources.

    “From our experience, many of these cases are struck out at the threshold because, as expected, the Police have no witnesses to support the charges. They are trumped-up charges.

    “So, for any meaningful thing to be done in the area of decongestion of the custodial centres and by extension the reforming of the criminal justice system, the role of the Police must be wholly interrogated and re-calibrated.

    “Until we begin to hold some of the police operatives personally liable for these infractions, they will continue to act with impunity.”

    Way forward

    Abraham recalled that the Buhari Administration signed a Constitution Amendment Act removing prisons and corrections from the exclusive legislative list to the concurrent list thus granting state governments the power to legislate on and set up correctional facilities.

    He, therefore, suggested a federal/state government joint committee to oversee the handover of these centres to the state governments barring a few that the Federal Government will retain.

    He also advised that state governments should be encouraged to work with non-governmental and civil society organisations as well as faith-based organisations towards reforms.

    Private prisons

    Abraham suggested a tinkering of the constitution to make way for private custodial centres as obtained in the USA, South Africa and other places to deal with congestion.

    “A number of organisations can set up reform-oriented custodial centres to begin to achieve reform,” he suggested.

    He noted that Section 469 of the Administration of Criminal Justice Act (ACJA) 2015 provides for the establishment, functions and funding of an Administration of Criminal Justice Monitoring Committee (ACJMC) to among other things, work towards custodial decongestion.

    Abraham said a state of emergency should be announced in custodial centres to trigger urgent measures to reform the management of these centres and the criminal justice system.

    He said the feeding of inmates must be a focal point of any action toward reform/.

    To him, the quality of the food served in the prisons is not fit for dogs to eat.

    ‘Correctional centres should have separate commission’

    He advised that any reformative action must also address the welfare of Correctional staff to improve the situation in the Correctional Centres.

    “For a long time, members of staff of the Nigeria Correctional Service (NCS) have faced neglect in the area of their welfare, pay, promotion and training.

    “The fact that Corrections is lumped together with other agencies in one service commission further underlines the lack of attention in this area,” he pointed out.

    Abraham said the Correctional Service should have a separate service commission just like the Police Service Commission.

    “The low morale arising from this neglect has affected many warders and further aided the rise of rogue warders who assist the inmates to commit crimes as we heard recently about a custodial centre in Warri, Delta State,” he said.

    Deploy inmates to work for pay

    Abraham recommended deploying the inmates to work in selected activities for pay as obtained abroad.

    He argued that when the huge number of inmates are deployed to productive ventures, they will not only earn income that will come in handy when released, but also have less time for negative activities.

    He also suggested that more provision should be made for skill empowerment before discharge.

    Ubani: amend laws

    A former Second Vice President of the Nigerian Bar Association (NBA), Dr Monday Ubani, said inmates awaiting trial are more than those who have been convicted.

    “It is absolutely wrong. That place should not be a correctional centre in name but in substance.

    “At the moment, it’s not correcting anything when all manner of persons are put there who should not be.

    Maybe we need to amend our laws,” he said.

    On the way forward, he said: “If somebody is detained, and you cannot initiate a trial within a month or two months, then the person should not be there. Damages should be paid to the person you have detained wrongly.

    “There may be more drastic advocacy that must be done in order to ensure that our laws do not tolerate a situation where an innocent person, or even a guilty one, is not even brought before trial.

    “Every charge must be tried. It is when you are convicted that the law says you can serve a prison term, not when you are not convicted and you are still presumed to be innocent under our Constitution.”

  • Supreme Court nullification of National Lottery Act: implications for operations, regulation

    Supreme Court nullification of National Lottery Act: implications for operations, regulation

    • By Abiodun Olatunji

    The recent Supreme Court judgment in ATTORNEY GENERAL OF LAGOS STATE & ORS V. ATTORNEY GENERAL OF THE FEDERATION & ORS (SC/01/2008) has significantly altered the legal and regulatory framework governing lottery operations in Nigeria. The decision, which invalidated the National Lottery Act 2005, has raised pressing concerns about compliance, regulatory oversight, and the continued operation of lottery services, particularly within the telecommunications and Value-Added Services (VAS) sectors.

    It is imperative that we critically examine the implications of this judgement, the challenges it poses for industry operators, and the pathways toward ensuring regulatory compliance and business continuity. The task is not just to understand the judgment but also to develop proactive solutions that will ensure stability and sustained growth in the lottery and telecommunications industries.

    State of the Regulatory Regime Before the Supreme Court Judgement.

    In 2004, the Lagos State Government enacted the Lagos State Lotteries Law 2004. In 2007, the State Government also enacted the Casino and Gaming Regulatory Authority Law 2007, along with the Casino and Gaming Regulations 2008, the Pools and Betting Control Law 2003, and the Pools Betting Tax Law 2003. In 2008, the Lagos State Lotteries Law 2004 was amended by the Lagos State Lotteries (Amendment) Law 2008.

    In 2021, the Lagos State Government enacted the Lagos State Lotteries and Gaming Authority Law 2021. The long title of the 2021 Law describes it as:

    “A law to establish the Lagos State Lotteries and Gaming Authority, to harmonise all laws relating to gaming activities in Lagos State, provide for the regulation and control of all gaming activities, and for connected purposes.”

    Section 107 of the 2021 Law expressly repealed the Lagos State Lotteries (Amendment) Law 2008, the Lagos State Lotteries Law 2004, the Casino and Gaming Regulatory Authority Law 2007, the Casino and Gaming Regulations 2008, the Pools Betting Control Law 2003, and the Pools Betting Tax Law 2003.

    From these repealed laws and regulations, it is evident that the Lagos State Government has, since 2003, asserted its legislative authority over matters connected with games of chance. Notably, the Lagos State Lotteries Law 2004 predates the now-nullified National Lottery Act of 2005.

    The Lagos State Lotteries Law 2004, with its 2008 amendment, alongside the other laws mentioned, remained in force in Lagos State until April 19, 2021, when the Lagos State Lotteries and Gaming Authority Law 2021 came into effect.

    The implication is that, since 2003, the Lagos State Government, through its laws, has regulated every aspect of gaming and lottery activities in the state, including control and taxation. The government, through its enforcement agencies, has consistently ensured compliance with all its gaming laws by individuals and corporate entities.

    With the enactment of the National Lottery Act 2005 by the National Assembly—which had nationwide application—a jurisdictional dispute arose, leading to confusion among stakeholders in the gaming and lottery business, as they were caught between compliance with Federal law and Lagos State law.

    Up until November 22, 2024—when the Supreme Court finally settled the matter by nullifying the entire provisions of the National Lottery Act 2005 as unconstitutional—operators in the gaming and lottery industry appeared to comply with both the now-defunct Federal law and the Lagos State laws.

    For instance, obtaining a licence from the National Lottery Regulatory Commission (NLRC) was insufficient to operate or carry on gaming or lottery business in Lagos State without obtaining a corresponding licence from the Lagos State Government under the provisions of the Lagos State Lotteries and Gaming Authority Law 2021.

    In fact, Section 33(3) of the 2021 Law prohibits any person from operating or conducting any game of chance in Lagos State without obtaining a licence or authorisation from the Lagos State Lotteries and Gaming Authority.

    In early 2024, the Lagos State Lottery and Gaming Authority took stringent enforcement actions against gambling operators in the state who were identified as conducting gambling business or activities without proper licensing or authorisation from the state. Interestingly, many of the affected operators had been licensed by the now-defunct National Lottery Regulatory Commission under the National Lottery Act 2005.

    Earlier, in May 2020, the Lagos State Government had also declared certain gaming sites operating within the state illegal because they lacked a Lagos State-issued licence, even though they were licensed by the NLRC, which had then claimed its license had nationwide applicability.

    The dispute over whether the Federal Government or State Governments had exclusive control over lottery and gaming regulation predates the Supreme Court’s November 22, 2024, decision. In 2005, the Lagos State Government filed an Originating Summons on February 2, 2005, before the Lagos State High Court against National Sports Lottery Ltd and National Sports Lottery Management Company Ltd. The state government sought:

    1.  A declaration that the respondents had no legal right to carry on, operate, or conduct any lottery business, by any name or mode, to members of the public in Lagos State without first obtaining a licence issued by the Executive Governor of Lagos State under the Lagos State Lotteries Law 2004.

    2. A perpetual injunction restraining the respondents, their agents, servants, and privies from conducting such business without obtaining a licence from the state in accordance with the Lagos State Lotteries Law 2004.

    The respondents challenged the jurisdiction of the Lagos State High Court through a preliminary objection. This jurisdictional challenge escalated through the appellate courts, eventually reaching the Supreme Court, which, in 2023, ruled in favour of the Lagos State High Court’s jurisdiction. The Supreme Court directed that the merits of the case be determined by the Lagos State High Court, affirming that it had jurisdiction over the issues raised in the case. The case is reported as ATTORNEY-GENERAL OF LAGOS STATE v. NATIONAL SPORTS LOTTERY LIMITED & ANOR (2023) LPELR-60359(SC)

    Interestingly, while the appeal against the Court of Appeal’s verdict was still pending before the Supreme Court in 2008, the Lagos State Government, through its Attorney General, invoked the original jurisdiction of the Supreme Court pursuant to Section 232[1] of the Constitution to challenge the validity and constitutionality of the National Lottery Act 2005.

    The Supreme Cout judgement and its implications

    The Lagos State Government in 2008 invoked the original Jurisdiction of the Supreme Court to seek a resolution of the dispute between it and the Federal Government on the validity and enforceability of the National Lottery Act 2005, Cap. N 145 LFN 2004 within the territory of Lagos State. Being a constitutional matter, a full panel of the court comprising of seven Justices heard and determine it.   In the suit the Lagos State Government sought the following declaratory and injunctive reliefs:

    • A DECLARATION that lottery or game of chance is not one of the 68 items in the Exclusive Legislative List in Part I to the Second Schedule to the Constitution of the Federal Republic of Nigeria 1999 (as amended) (“the1999 Constitution) in respect of which the National Assembly has the vires to make laws for the whole of Nigeria and not incidental or supplementary to any matter mentioned in the list.

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    • A DECLARATION that 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”) the National Assembly lacks the vires to legally and constitutionally make any law to regulate and control the operation of lottery in Nigeria.

    • A DECLARATION that having regard to the clear provisions of Section 4(4) (a), (b) and Part II of the Second Schedule of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (“the 1999 Constitution’, matters relating to lottery do not fall within items which the National Assembly and the state house of assembly are concurrently empowered to make laws with regard thereto.

    •  A DECLARATION that having regard to the clear provisions of Section 4(7)(a) and (c) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)  the Lagos State Government (represented by the 1st Plaintiff) and the and 2nd  – 22nd Plaintiffs’ State, have the power, to the exclusion of the 1st and 2nd Defendants, to make laws to regulate and control the operation of lottery within their states.

    •  A DECLARATION that having regard to the clear provisions of Section 4(4)(b), (7)(a) and Section 299(a) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) the power of the National Assembly to make laws to regulate and control the operations of lottery is limited by the 1999 Constitution to only the federal capital territory.

    •  A DECLARATION that Sections 17, 18, 19, 20 and 21 of the National Lottery Act N145, Laws of the Federation of Nigeria, made by the National Assembly are inconsistent with the provisions of the 1999 Constitution.

    •  A DECLARATION that the National Lottery Act, N145, Laws of the Federation of Nigeria is inconsistent with the provisions of the 1999 Constitution.

    • AN ORDER nullifying Sections 17, 18, 19, 20 and 21 of the National Lottery Act, Cap N145, Laws of the Federation of Nigeria.

    •  AN ORDER nullifying the entirety of the National Lottery Act CAP N145, Laws of the Federation of Nigeria.

    • AN ORDER of perpetual injunction restraining the 1st defendant either by himself, agents, privies, agencies of the Federal Government of Nigeria or Federation of Nigeria, or through anybody acting on their behalf from implementing the provisions of Sections 17, 18, 19, 20 and 21 of the National Lottery Act CAP N145, Laws of the Federation of Nigeria, within the territory of the States of the Plaintiffs.

    • AN ORDER of perpetual injunction restraining the 1st Defendant either by himself, agents, privies, agencies of the Federal Government of Nigeria or Federation of Nigeria, or through anybody acting on their behalf from taking any step or actions aimed at enforcing or continuing to enforce any/or all of the provisions of the National Lottery Act CAP N145, Laws of the Federation of Nigeria, within the territory of the states of the plaintiff.

    The Supreme Court granted all the reliefs.

    The several questions raised in the suit may be summarised as:  

    Whether having regard to the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Federal Government through the National Assembly has any power to make laws on and/or regulate lotteries, gaming, and casino matters otherwise than within the Federal Capital Territory or on matters in the Exclusive and Concurrent Legislative Lists. 

    In resolving the issues raised in the suit, M.B IDRIS JSC who read the leading Judgement of the court adopted the issues formulated by the Defendant which read as follows:

    Whether the National Assembly is competent to enact the National Lottery Act 2005 having regard to its legislative competence and powers as donated by Sections 4(2) (3) (4) (7) Section 16(1)(a)(b)(c) and 2(a), (a) and (b), Items 60(a) and 62(a) of the Exclusive legislative list as contained under Part 1 of the Second Schedule and Item 7 (a) of the Concurrent legislative list under Part 2 of the Second Schedule to the Constitution of the Federal Republic of Nigeria 1999 (as amended)?

    In its landmark judgement, the Supreme Court unanimously held: “I hold that lottery does not constitute “trade and commerce” as envisaged under Item 62(a) of the Exclusive Legislative List as lottery is fundamentally a game of chance lacking the certainty, mutual exchange and reciprocity typically associated with trade and commerce. Unlike traditional commercial transactions involving a defined exchange of goods or services between parties, a lottery merely offers participants the prospect of winning without any assured return or specific value in exchange. Therefore, a lottery cannot be classified as ‘trade and commerce’ under the relevant item in the Exclusive Legislative List, as it fails to meet the criteria of an economic transaction involving the definite transfer of goods or services. Consequently, as lottery activities do not fall within the scope of ‘commercial intercourse’ as defined in AG OGUN STATE VS. ABERUAGBA & ORS 1985) LPELR – 3164 (SC) and analysed above, does the National Assembly have the requisite vires to legislate on the subject matter of lottery?”

    The Supreme Court went further and held that:

    “Lotteries neither constitute ‘trade and commerce’ as contemplated under Items 62(a) and (d) of the Exclusive Legislative List, nor do they qualify as an ‘economic activity’ within the meaning of Section 16(4)(b) of the Nigerian Constitution taking cognizance of the fact that neither did the term ‘lottery’ nor any closely related term appear explicitly in the Legislative List. It therefore follows that lotteries fall outside the legislative competence of the National Assembly. The National Assembly’s power to legislate is restricted to those powers expressly granted by the Nigerian Constitution, particularly Section 4(2), (4)(a) and (b) of the Nigerian Constitution, a principle already discussed in detail in this judgment and not requiring further elaboration. I therefore hold that the National Lottery Act enacted by the National Assembly exceeds its constitutional authority and is, therefore, ultra vires and unconstitutional”.

    Accordingly, the Supreme Court invalidated the National Lottery Act 2005, ruling that the Federal Government, through the National Lottery Regulatory Commission (NLRC), has no power to regulate lottery or any other business involving game of chance.  In addition, lotteries, gaming, and casino regulation are by virtue of Section 4(7) of the 1999 Constitution (as amended), matters within the exclusive legislative powers and jurisdiction of the states.  The Supreme Court specifically ordered as follows;

    An ORDER is made nullifying the entirety of the National Lottery Act CAP N145, Laws of the Federation of Nigeria.

    AN ORDER of perpetual injunction is made restraining the 1st Defendant either by himself, agents, privies, agencies of the Federal Government of Nigeria or Federation of Nigeria, or through anybody acting on their behalf from implementing the provisions of Sections 17, 18, 19, 20 and 21 of the National Lottery Act CAP N145, Laws of the Federation of Nigeria, within the territory of the States of the Plaintiffs.

    AN ORDER of perpetual injunction is made restraining the 1st Defendant either by Himself, agents, privies, agencies of the Federal Government of Nigeria or Federation of Nigeria, or through anybody acting cn their behalf from taking any step or actions aimed at enforcing or continuing to enforce any/or provisions of the National Lottery Act all of the provisions of the National Lottery Act CAP N145, Laws of the Federation of Nigeria, within the territory of the states of the plaintiffs.

    It is instructive to note that, by virtue of Section 235 of the Constitution of the Federal Republic of Nigeria (CFRN), no appeal shall lie to any other body or person from any determination of the Supreme Court.

    Furthermore, Section 1(1) of the same Constitution proclaims its supremacy and the binding force of its provisions on all authorities and persons throughout the Federation.

    It is, therefore, a constitutional mandate for all authorities and persons to ensure full compliance with, and implementation of, the decisions of the Supreme Court. Any attempt to circumvent such decisions—whether through legislative or executive overreach—would be unconstitutional and a nullity.

    It is in light of this that the ongoing attempt by the House of Representatives—an arm of the National Assembly—to resurrect the annulled National Lottery Act (NLA) through the proposed Central Gaming Bill 2025 must be critically examined.

    The Bill, which is the initiative of the current Deputy Speaker of the House of Representatives, Hon. Okezie Kalu, and six others, has reportedly passed its second reading on the floor of the House. Interestingly, the Bill seeks to repeal the National Lottery Act 2005 and to regulate all forms of online and remote gaming across all geographical boundaries of the federating units.

    I must state unequivocally that any law enacted by the National Assembly to regulate games of chance—whether online or retail—would be unconstitutional, null, and void in light of the provisions of Sections 4(2), 4(4)(a), and 4(4)(b) of the Constitution.

    These provisions limit the legislative competence of the Federal Government to making laws for the peace, order, and good government of the Federation or any part thereof only in relation to matters contained in the Exclusive Legislative List (as set out in Part I of the Second Schedule) and matters contained in the Concurrent Legislative List (as set out in the First Column of Part II of the Second Schedule to the Constitution), as well as any other matter over which it is expressly empowered by the Constitution.

    The Supreme Court has made it unequivocally clear—and it is now settled law—that games of chance fall outside the legislative competence of the Federal Government and are exclusively within the legislative authority of the federating states.

    In furtherance of this, Section 4(7)(a) of the Constitution empowers the House of Assembly of each state to make laws for the peace, order, and good governance of the state or any part thereof concerning any matter not included in the Exclusive Legislative List.

    Matters that are neither in the Exclusive nor the Concurrent Legislative List are commonly referred to as residual matters, and they are constitutionally allocated exclusively to the states. Lottery and other games of chance fall within this category. The Central Gaming Bill 2025 is, therefore, ultra vires the legislative powers of the House of Representatives.

    Even more troubling is the fact that the Bill proposes to repeal the already annulled National Lottery Act of 2005. This raises a fundamental question: Is the House of Representatives, by this Bill, constituting itself into an appellate body over a final decision of the Supreme Court, notwithstanding the clear provisions of Section 235 of the Constitution?

    The answer is obvious—such an action is entirely unconstitutional. The National Assembly is a creation of the Constitution and derives its authority and powers from it. It must, therefore, conform to, respect, uphold, and implement all the provisions of the Constitution to the letter. It cannot act in negation of, or in defiance of, the Constitution.

    It is, therefore, my humble submission that the Central Gaming Bill 2025, being unconstitutional, should be discarded, and all legislative work on it should be set aside. I take this opportunity to call on the Honorable Attorney General of the Federation, as the Chief Law Officer of the Country, to advise the National Assembly on the unconstitutional nature of this Bill and the necessity of respecting the decision of the Supreme Court.

    Key Takeaways from the Judgment:

    The National Lottery Act 2005 is null and void. The entirety of the National Lottery Act 2005 has been nullified.

    The National Lottery Regulatory Commission (NLRC) has no legal authority over lottery operations in any state of the Federation. The NLRC  by the Judgement ceases to exist.

    Licenses, permits, and approvals previously issued by the NLRC for operations are no longer valid.

    Each state now has exclusive legislative and regulatory authority over lottery operations and Games of Chance within its jurisdiction. In Lagos State, the law applicable now is the Lagos State Lotteries and Gaming Authority Law 2021

    Operators must now comply with individual state laws and obtain licenses from respective state governments.

    The National Lottery Trust Fund (NLTF), which was funded through contributions from lottery operators under the annulled Act, no longer has a legal basis to demand payments from lottery businesses. By the Judgement of the Supreme Court, the National Lottery Trust Fund has been abolished.

    Federal laws on lottery taxation, licensing, and compliance enforcement have become unenforceable in the states.

    The judgment no doubt has ushered in a new regulatory era, where businesses must navigate a decentralised lottery regulation framework, creating both challenges and opportunities for industry players. Note that the following states who were also plaintiffs in the suit have enacted laws to regulate lotteries and gaming businesses within their territories; Lagos, Ondo, Oyo, Ekiti, Ogun, Rivers, Cross Rivers, Imo, Abia, Enugu, Edo, Delta and others.

    The Legal Status of Licenses and Permits Issued by the NLRC

    1. All licenses/permits issued by the NLRC to lottery operators have been invalidated by the judgment.

    2. Businesses operating lotteries under previous NLRC licenses must now obtain licenses from the state(s) where they operate.

    3. Telecommunications operators and Value-Added Service (VAS) aggregators that relied on NLRC-issued permits for lottery-based promotions must now comply with state laws.

    4. Existing lottery businesses must apply for new state-specific licenses.

    5. Operators without valid state licenses risk sanctions or business shutdowns by state regulatory authorities.

    6.  VAS aggregators and telecom operators must ensure compliance with new state-level lottery regulations.

    Impact on Mobile Lottery, Mobile Gaming, and Chance-Based Promotions via Telecom Platform

    1.  Telecom-based lottery services (e.g., SMS-based lotteries, mobile gaming, and chance-based promotions) must now comply with State laws.

    2. The uniform national licensing system is no longer valid, leading to fragmented regulations across different States.

    3. States may impose different taxes, licensing fees, and compliance requirements, increasing the regulatory burden on telecom operators.

    4. Operators must obtain state licenses for each State they operate in.

    5. Telecom partnerships with lottery providers must now consider State-by-State compliance risks.

    6. Some States may impose stricter regulations or ban lottery services entirely.

    The Immediate Impact on Telecommunications and VAS-Based Lottery Operations

    The Nigerian telecommunications industry plays a pivotal role in lottery operations, particularly through Mobile Network Operators (MNOs) and Value-Added Services (VAS) providers. These entities facilitate the deployment of mobile-based lottery services, SMS gaming, digital raffle draws, sports betting, casino, pool betting, etc enabling millions of Nigerians to participate in lottery activities.

    Before this judgment, lottery operators, VAS aggregators, and MNOs operated under a unified national regulatory framework, securing approvals from the NLRC and the Nigerian Communications Commission (NCC). However, following the Supreme Court’s decision, this single framework no longer exists, and operators must now comply with different state regulations.

    As we all know, VAS Providers are companies that create and deliver digital content, mobile applications, and interactive services that run on telecom networks, they enable lottery operators, gaming companies, and digital service providers to offer lottery games, SMS-based promotions, mobile gaming, and interactive contents to consumers.

    Examples of  VAS Providers in the Lottery Industry include a lottery company that partners with a VAS provider to offer SMS-based lottery tickets, a gaming company that uses a VAS provider to enable mobile-based betting and interactive games, a TV show that runs a lottery draw where participants enter by sending an SMS via a VAS provider’s platform.

    A VAS Aggregator on the other hand is a company that acts as an intermediary between VAS Providers and Telecom Operators. Instead of every VAS provider negotiating directly with mobile network operators (MTN, Airtel, Glo, 9mobile), aggregators streamline connections by managing multiple VAS services on behalf of telecoms.

    Major telecoms often act as VAS aggregators, meaning they provide the infrastructure for third-party VAS providers to deliver services through USSD, SMS, or mobile apps. For instance, MTN or Airtel may not develop a lottery or gaming service but host third-party VAS providers offering gaming content through its platform.

    Vas Aggregators therefore enable telecom subscribers to participate in lottery games via SMS, USSD, IVR (Interactive Voice Response), or mobile apps. They also handle billing, content delivery, and user engagement for lottery and gaming services and ensure regulatory compliance with telecom policies and state laws

     Impact of the Supreme Court Judgment on VAS Providers and Aggregators

    Since lottery operations are now exclusively regulated by states, the Judgement has the following implications for VAS Providers and Aggregators:

     Compliance With State-Specific Lottery Regulations

    1.            VAS providers must now obtain licenses from individual states rather than relying on an NLRC-issued permit which is no longer valid.

    2.            VAS aggregators must ensure that all lottery services comply with state laws before offering them via telecom networks.

    3.            Each state may impose its own lottery rules, taxes, and compliance requirements, making operations more complex for VAS providers.

    4.            Operators must secure multiple licenses if they want to offer lottery services in multiple states.

    5.            Existing Agreements between VAS providers, aggregators, and telecom operators based on the nullified National Lottery Act 2005 must now be reviewed on a state-by-state basis.

    6.            VAS companies must renegotiate contracts to align with state laws.

    Legal and Compliance Strategy

    1.            Engage legal experts to conduct a compliance audit.

    2.            Apply for licenses in each state where lottery services will be offered.

    3.            Ensure telecom partners are aware of the new legal framework.

    4.            Negotiate State-specific agreements with telecom operators.

    5.            Develop alternative service models that comply with state laws.

    6.            Monitor State lottery regulations to stay updated on compliance requirements.

    Major Compliance and Operational Challenges for Telecom-Based Lottery Services:

    1.  There is a risk of inconsistent regulatory approaches across different States, leading to operational complexity.

    2.  The absence of a unified licensing regime could lead to increased compliance costs and potential legal disputes.

    These challenges necessitate a new strategic approach to regulatory compliance and business continuity in the lottery and telecom sectors.

    3. Business Continuity: Strategic Responses to the Shifting Regulatory Landscape

    To successfully adapt to this new regulatory reality, MNOs, VAS providers, and lottery operators must proactively implement strategies that ensure seamless operations while complying with state-specific laws.

    (A) Legal and Regulatory Compliance

    1.            Conduct a comprehensive regulatory audit to identify states where lottery operations are active and determine the applicable licensing requirements.

    2.            Engage legal and regulatory experts to develop a robust compliance framework tailored to multiple state laws.

    3.            Monitor evolving tate-level lottery regulations and anticipate future amendments.

    4.            Establish direct engagement channels with state governments to facilitate compliance and licensing approvals.

    (B) Licensing and Operational Adjustments

    1.            Apply for and obtain State-level lottery licenses where required.

    2.            Develop State-compliant lottery products to align with diverse regulatory requirements.

    3.            Implement a centralised compliance management system to track and ensure adherence to multiple state regulations.

    (C) Policy Advocacy and Industry Collaboration

    1.            Engage the Nigerian Governors’ Forum (NGF) and State Legislators to push for harmonized state lottery regulations.

    2.            Work collectively as an industry to advocate for standardized licensing and operational guidelines.

    3.            Encourage the Federal Government to explore constitutional amendments that may provide a more unified approach to lottery regulation.

    By taking these proactive steps, industry players can minimize legal risks, ensure regulatory compliance, and sustain business operations despite the shifting legal landscape.

    4. Shaping the Future of Lottery Regulation in Nigeria

    The Supreme Court Judgement presents both regulatory uncertainty and an opportunity for positive transformation in the lottery sector. The way forward must be collaborative, involving:

    State governments creating clear and investor-friendly regulations.

    Industry players working together to develop best practices and compliance strategies.

    A coordinated approach to regulatory engagement to prevent excessive fragmentation.

    Recommended Legal and Regulatory Actionable Steps

    To minimize operational disruptions and ensure compliance, lottery businesses, telecom operators, and VAS providers should take the following steps:

    Short-Term Recommendations

    1.            Conduct an immediate legal audit of all lottery-related operations.

    2.            Engage legal experts to assess compliance risks in each state.

    3.            Identify States with existing lottery laws and apply for relevant licenses.

    4.            Renegotiate tripartite agreements between telecoms, VAS providers, and lottery operators.

    Long-Term Recommendations

    1.            Work with State Governments to support the passage of clear and business-friendly lottery regulations.

    2.            Advocate for a possible harmonized State-level licensing framework to reduce administrative complexity.

    3.            Engage in compliance training for internal legal and operational teams.

    4.            Monitor ongoing developments, including any possible legislative amendments at the Federal or State level.

    This period of transition should be seen not just as a challenge but as an opportunity to create a more sustainable and efficient lottery industry.

    Conclusion

    The post-National Lottery Act era requires all stakeholders to think differently, act strategically, and collaborate effectively. We must ensure that the telecommunications and lottery sectors remain viable, innovative, and legally compliant under this new decentralized regulatory framework.

    The judgement though creates significant challenges for market players but it also presents an opportunity for State Governments to establish clearer and more competitive regulatory frameworks. Businesses must swiftly adapt to these changes to ensure continued operations while minimizing legal and compliance risks.

    •          Olatunji, a Senior Advocate of Nigeria (SAN), is a Partner at Abdullahi Ibrahim & Co.

  • Court to hear objections in 9Mobile shares ownership suit

    Court to hear objections in 9Mobile shares ownership suit

    The Federal High Court in Abuja will on Thursday hear the preliminary objections in the suit on the dispute over the ownership and control of Emerging Markets Telecommunication Service (EMTS), the holder and operator of the 9Mobile Telecommunication licence.

    Keystone Bank brought a motion seeking to be joined as a party.

    The plaintiff, Abubakar Isa Funtua, sued General Theophilus Yakubu Danjuma (Rtd), his company LH Telecommunication Limited and others over the ownership of EMTS trading under 9Mobile.

    The others are Seltrix Limited (first defendant), the Corporate Affairs Commission (CAC), Nigerian Communications Commission (NCC), HayatuHassan Hadeija, Teleology Nigerian Limited and Mohammed Edewor, a Director in Teleology Nigeria Limited.

    The plaintiff seeks a declaration that he is the beneficial owner of the 43,000,000 ordinary shares held in trust for him by the first defendant (Seltrix Limited) in the capital of the third defendant (Teleology Nigeria).

    He is also praying for “a declaration that the acquisition of the 43,000,000 ordinary shares purportedly transferred or surrendered to the third defendant (Teleology Nigeria) in breach of the first defendant’s duty as trustee of the plaintiff and in contravention of Clause 48 of the Memorandum and Articles of Association of the first defendant is null, void and of no effect.”

    At the resumed hearing of the case, parties were confronted with a Motion by Keystone Bank, along with its counter-claim and allegation of fraud against some parties in the suit ABJ/CS/1971/2024.

    The motion states: “The applicant – Keystone Bank, also intends to present a counterclaim and has prepared a proposed statement of defence and counterclaim which discloses triable and fecund issues and also demonstrates the applicant’s interest in the subject of this suit.

    “The case of the applicant is that the resolution passed by the third defendant on May 9, 2023 approving the change of control/ownership of the fifth defendant from the third defendant to the eighth defendant, in violation of the facilities agreements (Deed of Share Charge) between the applicant and third defendant, and the orders of the court made on 20th February 2023 in Suit No. FHC/L/CS/297/2023 is illegal, null and void. 

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    “The case of the applicant, as set out in the proposed statement of defence and counterclaim, is that the resolution passed by the third defendant on May 9, 2023 approving the change of control/ownership of the fifth defendant from the third defendant to the eighth defendant, in violation of the facilities agreements (Deed of Share Charge) between the applicant and third defendant, and the orders of the court made on 20th February 2023 in Suit No. FHC/L/CS/297/2023 is illegal, null and void. 

    “The applicant also asserts in the proposed statement of defence and counterclaim that the resolution of the 5th defendant passed on 7th December 2023, increasing the share capital of the sixth defendant to counterclaim from N90,000,000 to N2,000,000,000 and reducing the third defendant’s percentage stake/interest/shareholding in the 6th defendant to counterclaim to approximately 4.5 per cent is null and void. 

    “The applicant intends to seek the following reliefs, endorsed on the proposed statement of defence and counterclaim, at the hearing of the case:

    “A declaration that the first defendant to counterclaim is not a shareholder, either directly or indirectly, of the sixth defendant to counterclaim. 

    “A declaration that the interest or stake (if any) of the first defendant to the counterclaim in the sixth defendant to the counterclaim (through any or all of the second – fourth defendants to the counterclaim) is subject to the rights and interest of the counterclaimant arising from the facilities agreements between the counterclaimant and the fourth defendant to the counterclaim. 

    “A declaration that the resolution of the fourth defendant to counterclaim passed/dated 9th May 2023 purportedly approving the change of control/ownership of the fifth defendant from the third defendant to the eigth defendant is in violation of the Deed of Share Charge between the counterclaimant and the fourth defendant to counterclaim and therefore illegal, unlawful, null and void. 

    “A declaration that the consent/approval granted on 26th May 2023 by the third defendant/fourth defendant to counterclaim (under the hand of the fourth defendant/fifth defendant to counterclaim) in respect of the investment of the eighth defendant in the fifth defendant, leading to a reduction of the 99.99 per cent shareholding of the third defendant in the fifth defendant to less than 4.5 per cent is illegal, unlawful, null and void among other reliefs.”

    The bank also seeks “an order of perpetual injunction restraining the defendant to counterclaim from altering or taking any step to alter or give effect to the alteration or continuing to give effect to the alteration of the 99.9 per cent beneficial ownership of Teleology Nigeria Limited in Emerging Markets Telecommunication Service Limited (EMTS) among other reliefs”.

    The matter was adjourned to Thursday for a hearing of all preliminary objections.

  • How Yobe communities are embracing transitional justice in post-insurgency

    How Yobe communities are embracing transitional justice in post-insurgency

    In the heart of Yobe State, a quiet but significant transformation is taking place.

    Communities ravaged by years of conflict are now taking ownership of their healing process, ensuring that justice and reconciliation are not left solely in the hands of courts and government institutions.

    Last week in Damaturu, a gathering of community leaders, government officials, and human rights advocates sought to answer a crucial question: how can war-torn communities rebuild trust and ensure justice for victims and perpetrators alike?

    Their answer was simple but powerful—through a locally driven, community-based approach to transitional justice.

    The initiative, spearheaded by the Yobe State Ministry of Youth, Sports, Social, and Community Development in collaboration with UNICEF, was not just another workshop.

    It was a call to action, an effort to equip local stakeholders with the knowledge and tools to resolve conflicts, provide redress for victims, and reintegrate former fighters into society.

    Bukar Mai Modu, the Ministry’s Child Protection Officer, emphasised that this approach places the power in the hands of the people.

    “Communities must decide which methods work best for them to ensure lasting peace,” he explained.

    “We are engaging communities, strengthening grassroots organisations, and empowering them to take charge, so they do not remain dependent on external interventions.”

    The training brought together representatives from the ministries of Justice, Education, Women’s Affairs, Religious Affairs, Local Government, and Humanitarian Affairs.

    It also included religious and traditional leaders from Gujba, Damaturu, and Geidam, as well as members of the Christian Association of Nigeria (CAN).

    Reverend Ibrahim Kure Abako, Secretary of CAN in Yobe, underscored the importance of religious leaders in the justice and reconciliation process. “Victims come from all religions and backgrounds, and as religious leaders, we have a duty to ensure they receive the justice they deserve,” he said.

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    Traditional rulers, too, have been instrumental in these efforts.

    District Head of Buni Yadi, Abba Hassan Mai Muktar, acknowledged the critical role of traditional justice systems in resolving disputes long before modern courts existed.

    He noted that traditional leaders serve as key advisers to government agencies, ensuring that transitional justice remains fair and locally relevant.

    According to the District Head,  Yobe State has established a committee called  Zauren Sulhuhu with the Commissioner for Religious Affairs as the chairman.

    He explained that through the committee, many disputes have been resolved across the 17 local government areas of the State.

    While the broader community works toward peace, the scars of conflict remain deepest among the most vulnerable—women and children. Samuel Orahii, UNICEF’s National Consultant on Transitional Justice and Reconciliation, explained that these groups often bear the brunt of war’s aftermath.

    “Women and children face the highest risk of stigma and rejection when former fighters return to their communities,” Orahii noted. “Transitional justice programmes aim to bridge this divide by fostering dialogue and ensuring that justice is not only punitive but also restorative.”

    Mr. Orahii added that communities need to take the driver’s seat in settling their disputes especially as it affects them for a more enduring impact through truth and reconciliation.

    Building a future beyond conflict

    The journey toward reconciliation in Yobe is far from over, but the momentum is building.

    As communities take ownership of justice and healing, the hope is that peace will no longer be dictated by outside forces but nurtured from within.

    For the people of Yobe, transitional justice is more than a legal concept—it is a promise to heal, restore, and move forward.

    And as the voices of local leaders, faith groups, and traditional institutions grow louder in shaping this process, a future of peace feels more within reach than ever before.

  • Federal High Court unveils new unit to boost insolvency practice

    Federal High Court unveils new unit to boost insolvency practice

    The Chief Judge of the Federal High Court, Justice John Tsoho has created a new Insolvency Unit to boost insolvency practice.

    Chief Registrar, Sulaiman Hassan, disclosed this in a statement issued yesterday.

    Hassan said: “The creation of this unit is done pursuant to the provisions of the Companies and Allied Matters Act, 2020, Assets, Management Corporation of Nigeria (AMCON) Act, 2019 (as amended), Nigeria Deposit Insurance Corporation (NDIC) Act, 2024 and the Bankruptcy Act, Laws of the Federation of Nigeria, 2010.

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    “The functions of the Insolvency Unit are to oversee the effective implementation of the provisions of the above enactments as it relates to Company Voluntary Arrangements (CVA), Administration, Receivership, Winding Up and various forms of restructuring of companies.

    “The unit is created in line with global best practices on Insolvency and to also provide specialized and standardized services on Insolvency matters.

    “It also offers insolvency practitioners, a dedicated channel for supervisory and enforcement services.

    “This is a milestone in the quest for modernization and updating Insolvency practice and proceedings in Nigeria.

    “The unit will also offer fast-track services required in the implementation of its mandate,” Hassan said.

  • Oil firms in court  over alleged $10m debt

    Oil firms in court  over alleged $10m debt

    Halkin Exploration and Production Limited has been sued before a High Court of Federal Capital Territory (FCT) Abuja, by Eunisell Limited for $10,240,679.98 million over alleged unpaid debt.

    The amount being alleged unpaid debt for services rendered at the Atala Marginal Field (OML 46) by Eunisell Limited for the defendant.

    According to court documents, the debt accrued between January 2022 and September 2024.

    In the suit marked FCT/HC/CV/5599/N/2024, dated December 16, 2024,  Eunisell posited that it made several demands for payment.

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    The claimant said after repeated failures by Halkin to meet its obligations, the company opted for legal action.

    Eunisell, is asking for an order of the court for the payment of the sum of  $10,240,679.98m, being an outstanding debt owed the claimant by the defendant arising from the services rendered to the defendant at the defendant’s Atala Marginal Field (OML 46) by the claimant.

    The claimant also asked for interest at the rate of 21 per cent , per annum with effect from January 20, till judgment and thereafter at the rate of 10 per cent per annum until judgment debt is fully liquidated.

    Eunisell further asked for the sum of N20m, being the cost of action.

    When the suit, dated December 16, 2024, was called for hearing, Halkin Exploration and Production Limited was absent in court.

    The company also had no legal representation, despite having  been served with the Originating Processes.