NIGERIA Law and Practice Contributed by: Tiwalola Osazuwa, Peretimi Akinmodun, Lazarus Uwa Kalu and Mubaraq Popoola, ǼLEX
purchases or loot boxes, but the laws of the vari - ous states could potentially apply. For in-game purchases, the FCCPC may intervene where, for example, a game’s in-game purchase system is misleading or causes harm to consumers or is found to use deceptive tactics to pressure users into making in-game purchases. Similarly, if loot boxes are considered to involve an element of betting or a game of chance, they will fall under the regulatory purview of the relevant state regu - lator. Legal Requirements for Game Developers In Nigeria, it is illegal for persons under the age of 18 to be involved in gambling activities. All operators must ensure that they adhere to responsible gaming policy by ensuring that per - sons under 18 are prevented from gaming. Con - sequently, games developers can employ anti- underage gaming measures such as reliable age verification methods or setting up age restriction options to prevent underage gambling. Furthermore, under the LSLGA, it is a require - ment for a grant of a licence for an operator to have measures in place to protect underage people from exploitation or harmful or addic - tive gaming tendencies. These measures which are to be submitted as part of the application process, will be reviewed and assessed by the LSLGA and serve as a determinant for whether or not it may grant the licence. While video games are regarded as exempted works that do not require the prior approval of the NFVCB, video games will cease to be clas - sified as such if, to any significant extent, they depict explicit sexual activities, mutilation or tor - ture, acts of gross violence towards humans or animals.
Developers must also adhere to advertising standards, consumer protection laws and pri - vacy regulations. They must ensure that pro - motional content for games, whether through in-game ads, TV, online ads or other media, complies with the advertising standards in the Nigerian Code of Advertising Practice. 9.2 Regulatory Bodies Primary Regulatory Bodies The primary regulatory bodies overseeing the gaming industry include: • the lottery and gaming authorities of the vari - ous states, eg, the Lagos State Lotteries and Gaming Authority, and other state lotteries regulators; and • the FCCPC. Enforcement Powers The enforcement powers of the regulators include: • forwarding complaints to law enforcement for prosecution of offences under the lottery laws currently in force; • revocation of licences; • suspension of licences; • sealing off premises where unlicensed gam - ing activities are conducted; • seizure and forfeiture; • issuing of warnings; and • imposing fines and penalties. Examples of Recent Enforcement Actions In 2024, Netbet Wakabet and Supabets were shut down for operating without licences. The management of the unlicensed operators were also arrested and face possible prosecution. Following the Supreme Court’s decision nullify - ing the NLA, the Lagos State Lottery and Gaming
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