Nigeria Employers’ Consultative Association (NECA) and Nigerian Breweries (NB) plc have lost the suit they instituted against the National Lottery Regulatory Commission (NLRC), as a Federal High Court, Abuja, presided over by Justice Taiwo O. Taiwo, dismisses the case.
However, NECA says it is filing an appeal against the judgment. Timothy Olawale, director-general of NECA, when contacted on Thursday, said: “We are not satisfied with the outcome of the judgment; we have instructed our lawyer to file an appeal.”
The employer’s body and NB instituted the case on November 15, 2018, following the sealing of the premises of NB by the lottery commission for an alleged refusal to pay charges due to the Federal Government from its sale promotion.
Joined in the suit as co-defendants were the attorney-general of the federation, and the National Lottery Trust Fund.
In the suit, the plaintiffs had sought the determination of 10 prayers by the court, one of which was whether the National Lottery Act of 2005 and the National Lottery Regulation 2007 could be made in exercise of federal legislative powers under the 1999 Constitution of the Federal Republic of Nigeria as amended.
The plaintiffs also wanted the court to determine whether ‘sales promotion’ to consumers of manufactured goods arising from the purchase of the 2nd plaintiff’s (Nigeria Breweries) product otherwise titled “united we shine, win a trip to Russia” or any such promo come within the contemplation of the business of the national lottery” and consequently subject to the regulatory powers of the NLRC.
The plaintiffs, thus sought a declarative judgment that the National Lottery Act of 2005 and the National Lottery Regulation 2007 could not be made in exercise of federal legislative powers under the 1999 constitution of the Federal Republic of Nigeria as amended and consequence void and of no effect whatsoever; and a declarative judgment that the ‘sales promotion’ to consumers of manufactured goods arising from the purchase of the 2nd plaintiff’s (Nigeria Breweries) product otherwise titled “united we shine, win a trip to Russia” or any such promo could not come within the contemplation of the business of the National Lottery” and consequently subjected to the regulatory powers of the NLRC.
The plaintiffs also wanted the court to award N1 billion to Nigeria Breweries against the attorney- general of the federation and the NLRC for damage to business reputation and business standing; as well as an award of another N1 billion to Nigeria Breweries against the attorney-general NLRC for trespass to its premises.
In delivering judgment, Justice Taiwo O. Taiwo said the two views formulated by the 2nd defendant’s (NLRC) could conveniently resolve the dispute and accommodate all the arguments of the parties.
The two issues are: Whether National Lottery Act of 2005 and the National Lottery Regulation 2007 are laws made within the legislative competence of the National Assembly and whether sales promotion by companies fall within the definition of national lotteries and therefore subject to the regulation of the 2nd defendant.
In the first issue, Justice Taiwo held that the National Lottery Act of 2005 was in no doubt enacted by the National Assembly by the powers vested on the Nati
