Attorney-general Of Lagos State v. National Sports Lottery Limited & Ors (2023)
LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT
MOHAMMED LAWAL GARBA, JSC (Delivering the leading judgment)
By way of an originating summons dated and filed on 2nd February, 2005, before the High Court of Lagos State, (trial court) against the respondents, the appellant submitted the following question for determination by that court:
“Whether the respondents can validly and rightly carry on, conduct and or operate any form of Lottery business within the territory of Lagos State by whatever means or mode without first obtaining a duly issued licence from the Executive Governor of Lagos State in accordance with the provisions of the Lagos State Lotteries Law, 2004.”
From the expected answer to the question, the appellant sought declarations/reliefs as follows:
“(1) A declaration that the 1st and 2nd respondents have no legal right to carry on, operate or conduct any lottery business by whether name or means or mode to the members of the public in Lagos State without first obtaining a License duly issued by the Executive Governor of Lagos State Lotteries Law, 2004.
(2) An order of perpetual injunction restraining the 1st and 2nd respondents jointly and severally, by themselves and or their agents, servants privies and howsoever called from carrying on, operation or conducting any lottery business by whether name and through any means or mode within the territory of Lagos State without an appropriate and valid license issued by the Executive Governor of Lagos State under the provision of Lagos State Lotteries Law, 2004.
(3) Further or other orders as this honourable court may deem fit to make in the circumstances.”
An 18 paragraphs affidavit deposed to by Adebayo Haroun, a Senior State Counsel in the Lagos State Ministry of Justice, was filed in support of the summons.
On being served with the summons, the respondents filed a notice of preliminary objection challenging the jurisdiction of the trial court to entertain the suit on the 16th February, 2005, premised on the following grounds:
“1. The issue raised by the plaintiff’s case relates to establishment and operation of National and/or On-line Lottery which is a business or trade within the Exclusive Legislative List of the National Assembly.
- The court has no jurisdiction to entertain the plaintiff’s suit which directly or indirectly questions the validity of a license granted by the Federal government of Nigeria to the defendant for the establishment of National and/or On-Line Lottery throughout Nigeria.
- The court has no jurisdiction to entertain plaintiff’s claim which is for the determination of issues within the exclusive legislative list of the National Assembly.
- The action is incompetent in that proper parties are not before the court.
Take further notice that the defendants in addition to the affidavit in support of the preliminary objection will rely on the papers filed by the plaintiff.”
A ten (10) paragraphs affidavit in support of the objection, deposed to by Seni Adio; the Company Secretary of the 2nd respondent, accompanied the objection.
After hearing the learned senior counsel for the parties on the objection, the trial court overruled and dismissed the objection in a ruling delivered on the 18th of April, 2005.
The respondents’ appeal to the Court of Appeal, Lagos Division (Court below) was allowed in the judgment delivered on the 16th of July, 2008 on the ground that the action sought to challenge the executive or administrative action of the Federal Government or its agency which the trial court lacks the jurisdiction to entertain, but was triable in the Federal High Court pursuant to the provisions of section 251(1) (p) and (r) of the Constitution.
Leave a Reply