MAPPING THE NIGERIA GAMING INDUSTRY (1): LEGAL & SOCIO CULTURAL FACTORS.

In recent times there has been lots of excitement about the African gaming market for reasons which are not farfetched, given its demographic asset, which presents a growth opportunity for many companies. Of the 53 African countries Nigeria is undoubtedly the largest market by virtue of its population making it the preferred investment destination for most gaming companies, but beyond the excitement about the industry and its prospects, what is the value of Nigeria’s gaming industry? Do we have any supporting data? As always we have looked to companies like PWC and a host of other institutions to guide us. For example PWC’s 2015 – 2019 gaming outlook while projecting that gaming revenues were up by 17%, based its projections on only 3 licensed casinos in Nigeria.

In reality casinos occupy the lowest rung of the Nigerian gaming ladder, PWC’s gaming outlook distorts the impact of the industry and how it permeates our economic life. A cursory look at the assumptions indicates a lack of understanding or appreciation of the industry.

 

Our industry is grossly misconceived and this misconception manifests itself in frequently asked questions like “do Nigerians’ gamble?” “Is gambling legal in Nigeria” etc.? The National lottery Act defines lottery to”… include games of chance or skill”; though the definition may be unwieldy it definitely expands the frontiers of the industry beyond what it is traditionally known. If the NLRC definition is anything to go by then it means that even the “Ayo Ayo’ played across Africa forms part of the industry and it predates any form of contemporary gaming device, which currently exists in Africa.

 

The legality of gambling in Nigeria has been questioned severally partly because of controversy surrounding the1977 slot machine prohibition act; the act was not meant to prohibit gambling in general, the law simply sought to regulate indiscriminate littering of slot machines across the length and breath of the country. On whether Nigerians gamble or not, that depends on the class you belong to. The truth is that the generality of our people are casual gamblers but we are certainly active when it comes to mobile-based wagering, raffles draws, promos etc. At the lower end of the spectrum pools betting and lottery has been part and parcel of our lives from colonial times. Though we are a religious set of people our religious sensibilities ironically endear us to the fundamental principles of gambling, the concept of miracles, sowing a seed and reaping large and immediate rewards.

 

Traditionally gaming has been stigmatized in our climes but casinos and slot institutions have been the biggest victims of our selective moralization of the industry, while raffle draws and similar schemes have become widely accepted without so much thought as to the underlying fact that they are laundered forms of gambling. If the NLRC’s definition is anything to by it means that even the video games played with consoles or preloaded on the phones of our 133million mobile subscribers or those played on desk /laptops, promos, raffle draws by corporate organizations i.e. telcos , banks, fmcgs etc. form a significant portion of the industry ,though they run into billions of Naira every year they have never been considered as part of the industry.

 

In general we may have our reservations about sports betting we however subconsciously rationalize this type of wagering because it is tied to our passion for sports, in any case sports betting cannot survive on its own, it piggy bags on sports events. Interestingly while we consider Lotteries a form of gambling it has never really been stigmatized maybe because of its historical and religious roots.

 

Now that we have defined gambling in accordance with Nigeria’s law; as well as established that almost all Nigerians are involved at some level , what is the size of the gaming industry in Nigeria? How does it contribute to our GDP? Was is ever captured during the rebasing of the economy? If it was under which subsectors was it captured? under ICT, entertainment or tourism?.

 

Yahaya Maikori  is the Senior Partner of Law Allianz

www.lawallianz.com

World Regulatory Briefing, Africa – Keynote Adress

Distinguished delegates, ladies and gentlemen, I am pleased to welcome you to the world regulatory briefing-taking place here in Lagos, Nigeria. This is the first time the WRB will take place in Africa and actually the 2nd gaming event to take place in Nigeria within the space of a year – I am proud to be associated with both events, it simply signposts the industry’s growth.

 

Before going further lets cast our selves to the state of the industry say about 10 years ago. While trying to set up the company of our first client, the Corporate Affairs Commission (CAC), would not allow us mention words like casino, slots, betting etc. in the objects of the company, because according to them “it was a banned activity”. I believe that people generally confused the 1977 ban on the importation of slot machines as a general ban on all gaming activities.

 

In short our client had barely commenced its operations when it was inundated with investigations from several government institutions like immigration and the Federal Inland Revenue Service. The attitude was more persecutorial than actually ensuring compliance with their law. Any way we late heard that the minister in charge had lost money in our clients’ casino; smarting from that loss he ordered the National Lottery Regulatory Commission to investigate all the casinos in Abuja. The truth of that allegation cannot be verified but I recall that the NLRC tried to license and regulate us soon afterwards but we couldn’t find the enabling regulation. So at a meeting of the Abuja casino operators we agreed to set up an association and I was unanimously chosen as the president for the simple fact that I was the only Nigeria amongst them and I also happened to be a lawyer.

 

So what is WRB all about? It is simply a platform created by clarion events to track legislative developments in emerging markets and see how to plug operators into the market opportunities.

 

What is the regulatory framework like in Nigeria? Generally it is perceived by some as weak or simply non-existent, the truth is that perception is subjective and it depends on where you are from but I must warn that there is no perfect framework anywhere in the world. The sufficiency of the framework of any jurisdiction can only be judged by its policy direction. Lets look at a few examples.

 

  1. As old as gaming has been in the US, online gaming was illegal for a very long time until about 4 years ago when 4 states legalized online gaming – in spite of expectations the rewards have not been quite encouraging making some other states adopt a wait and see stance before they legalize online gaming .

 

South Africa, which has been ahead of the curve in Africa also refrained from passing an online gaming law on public grounds; their thinking is that poverty will become more pervasive with online gaming.

 

What about Europe? Let’s look at German; at first it banned online gaming, which was against the European Unions’ constitution. The ban was as a result of an interstate treaty entered by its 16 provinces, however one of the provinces after a while opted out and decided to fully regulate online gaming.

 

So what is the policy consideration here in Nigeria? There is non-for now; it is simply perceived as source of revenue. Our legal framework is a work – in – progress like in other jurisdictions besides, technology has outpaced regulation and regulators are only trying to play catch-up. But regardless of the perception our framework has so far been able to sustain the aspirations of genuine operators.

 

In conclusion I will like to say that we expect a robust conference, all your comments, advise, suggestions will be collated and directed to the appropriate organizations for their consideration : we are positive that some of these would suggestions would have been implemented by this time next year.

 

Once again welcome and Good luck in your deliberations

 

Yahaya Maikori

President, Nigeria Gaming Association

Being the chairman’s opening address at the just concluded 1st  World Regulatory Briefing Africa held on the 11th of April 2016 at 4 points Sheraton Lagos.