This paper was presented at the Sports Betting West Africa Exhibition and Conference in July 2017 and discusses proposed Federal Laws that will affect the Sports Betting Industry in Nigeria

1. NEW REGULATIONS:
NEW RULES FOR
PLAYING THE GAME
By Babatunde Ibidapo-Obe
Partner, AKIN IBIDAPO-OBE & CO
Legal Practitioners, Consultants and Arbitrators
Presentation at Sports Betting West Africa Conference, Federal
Palace Hotel & Casino, Lagos, July 19 2017
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2. Babatunde Ibidapo-Obe, LLB(Lagos), LLM (London)
Partner at Akin Ibidapo-Obe & Co a full service law firm based in Lagos, Nigeria.
I advise innovative companies in setting up unique business models in Nigeria, and
assist them in navigating legal and regulatory hurdles.
I play a key business advisory role in maximizing operational efficiency and ensuring
scalable growth for clients.
Email: babatunde@akinibidapo-obe.com
Mobile: +234 706 957 0096
LinkedIn: linkedin.com/in/babatundeio
EMAIL: BABATUNDE@AKINIBIDAPO-OBE.COM MOBILE: +234 706 957 0096 2

3. DISCLAIMER
This material was prepared and delivered for informational purposes only. It
does not constitute legal advice. This document is copyrighted and may not be
copied or disseminated without written consent of the author.
Every effort has been made to achieve accuracy in the information provided.
However, the law constantly changes and is subject to differing interpretations,
and nothing in this presentation constitutes legal advice. If legal advice or other
expert assistance is required, the services of a competent professional person
should be sought. We are not responsible for any damages resulting from
inaccuracy or omission.
Neither attendance at the Conference, nor the receipt or distribution of this
document in any way constitutes the formation of a lawyer-client relationship
between Akin Ibidapo-Obe & Co and/or the author and the attendees of the
Conference and/or the recipients of this document, until and unless a Retainer
agreement has been executed and delivered and the conditions contained
therein have been satisfied.
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4. GOALS OF THIS PRESENTATION
• Not to discuss current legislations as
most already familiar with it (or
should be)
• To discuss the new laws which are
due to come in force in the coming
months/years and how they affect the
operation of sports betting
companies.
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+234 706 957 0096
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5. OPPORTUNITIES AND THREATS
Opportunities
Size of the market - $3 billion
Regulation – Nascent stage, possibility for
partnership
Technology – non-indigenous solutions
means it is a growth market
Threats
Cybersecurity
Match fixing
Regulation
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6. There are currently 1605 bills that are being considered by
the 8th National Assembly inaugurated in 2015.
About 14% (225) have been passed by either or both
houses.
About 47% (747) are at First Reading, and
About 33% (534) are at Committee Stage.
The rest have either been negatived or are at different
stages.
Some of the Bills passed by the National Assembly that will
affect Sports Betting Operators:
1. National Lottery Act (Amendment) Bill
2. Electronic Transactions Bill
3. Data Protection Bill
4. Franchise Bill
5. Federal Competition and Consumer Protection Bill
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7. NATIONAL LOTTERY ACT
(AMENDMENT) BILLThe bill was passed by both Houses of the National Assembly but the Presidency
withheld its assent on the ground of ‘existing legal challenge to the National
Assembly on its competency to legislate on the matter’
The broad issue is a legal tussle between the Federal Government and State
Governments on who has the appropriate power to legislate on lottery business
in Nigeria. There are at least 5 cases pending in the courts filed by different
parties at the High Court, Appeal Court and the Supreme Court
Key provisions in the amendment include the creation of the role of an
Independent Auditor ; Lottery Tax (10% of net proceeds)
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8. DATA PROTECTION BILL
Companies must implement appropriate
technical and organisational measures and
exercise reasonable care to protect data against
accidental or unlawful destruction or accidental
loss and against unauthorised alteration,
processing, disclosure or access and against all
other unlawful forms of processing.
Personal data shall not be transferred to a
country or territory outside Nigeria unless that
country or territory ensures an adequate level of
protection
Data subjects are allowed to request from a data
controller all the information the data controller
has on them
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9. ELECTRONIC TRANSACTIONS BILL
Electronic record keeping and document retention now allowed (if certain requirements are
met) – this affects any regulatory obligations for keeping specific documents
Data protection obligations similar to the DPB
Privacy policy and the information required to be in it:
•Specific kinds and sources of information being collected and maintained in an electronic
form, purposes, usage and disclosure
•The choices available to a consumer regarding the collection, use and disclosure of their
personal information, how they may exercise and change these choices and the implication
of such choices
•How a consumer may review and correct or remove such information; and
•When the service provider or vendor uses computer cookies, how and why they are used and
the consequences of the consumers’ refusal to accept a computer cookie
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10. FRANCHISE BILL
• Most of Sports betting companies run a Franchise/Agency Network as opposed
to company owned shops
•Prospective franchisees must be given a Disclosure document with the
proposed Franchise Agreement at least 14 days before the signing of the
agreement.
• The bill lists out some compulsory things that must be covered in the
Disclosure document:
•Management disclosures: The names, business addresses, positions held, and
business experience of any person who has senior management responsibilities
for the franchisor's business operations in relation to the franchise;
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11. FRANCHISE BILL
•Litigation disclosures: Any criminal convictions or any finding of liability in a
civil action or arbitration involving franchises or other businesses relating to
fraud, misrepresentation, or similar acts or practices of the franchisor for the
previous five years, and whether any such action is pending against the
franchisor or its subsidiary, and the court or other citation of any of the above.
•Operational disclosures: The total number of franchisees and company-
owned outlets of the franchisor, and the names, business addresses and
business phone numbers of the franchisees, whose outlets are located nearest
to the proposed outlet of the prospective franchisee, but in any event of not
more than 5 franchisees. Including information about the franchisees of the
franchisor that have ceased to be franchisees during the three fiscal years
before the one during which the franchise agreement is entered into, with an
indication of the reasons for which the franchisees have ceased to be
franchisees of the franchisor; EMAIL: BABATUNDE@AKINIBIDAPO-OBE.COM MOBILE:
+234 706 957 0096
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12. FRANCHISE BILL
•Financial disclosures: An estimate of the prospective franchisee's total initial
investment, financing offered or arranged by the franchisor, if any, the financial
statements of the franchisor and when available audited or otherwise
independently verified financial statements, including balance sheets and
statements of profit and loss, for the previous three years.
•Errors or incorrect information in the disclosure notice or notice of material
change gives rise to termination rights and/or damages
• NOTAP to coordinate the licencing of indigenous business franchises to
interested franchisees
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13. FEDERAL COMPETITION AND CONSUMER
PROTECTION BILLEstablishment of the Federal Competition and Consumer Protection Commission
(FCCPC)
FCCPC can resolve disputes or complaints, issue directives, apply sanctions and can
compel providers of services to take certain actions
FCCPC has enforcement powers include entry/search, inspection and removal of
documents etc.
Establishment of the Competition and Consumer Protection Tribunal
CCPT deals with appeals from decisions of the FCCPC or any sector specific regulatory
authority in a regulated industry in respect of consumer protection matters
Consumer protection provisions e.g. unfair, unreasonable or unjust contract terms
Penalty for contravention of a any consumer rights is a fine of not less than N100m or
10% of the turnover of the business in the preceding business year, whichever is higher
(and the directors are liable on conviction to a term not exceeding 5 years or payment of
fine not exceeding N10m)
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+234 706 957 0096
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14. OTHER BILLSHB 365: Casino Taxation Act (Amendment) Bill, 2016
HB 390: Money Laundering (Prevention and Prohibition) Bill, 2016
HB 490: Digital Rights and Freedom Bill, 2016
HB 600: Nigeria Sports Bill, 2016
HB 970: National Office for Technology Acquisition and Promotion Act (Amendment) Bill, 2017
SB 44: Small Claims Court Bill, 2015
SB 223: Money Laundering (Prevention and Prohibition) Act 2011 (Repeal & Re-enactment) Bill, 2016
SB 203: Immigration Act 2015 (Amendment) Bill, 2015
SB 169: Consumer Protection Council Act (Amendment) Bill, 2016
SB 268: Payment Systems Management Act (Amendment) Bill, 2016
SB 208: Consumer Protection Council Act (Repeal and Re-enactment) Bill 2015
HB 248: Nigerian Investment Promotion Commission Act 2004 (Amendment) Bill 2016
SB 355: Companies and Allied Matters Act CAP C20 LFN 2004 (Amendment) Bill, 2016
SB 357: Trademarks Act 2004 (Repeal and Re-enactment) Bill, 2016
SB 187: Competition (Anti Trust) Commission (Establishment, etc) Bill, 2016
SB 310: Personal Information Protection Bill, 2016
SB 450: Cyber Crime (Prohibition, Prevention, etc) Act 2015 (Repeal and Re-enactment) Bill, 2017
EMAIL: BABATUNDE@AKINIBIDAPO-OBE.COM MOBILE:
+234 706 957 0096
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15. RECAP
Independent auditor
Franchise disclosures
Data protection changes
Regulatory involvement – NOTAP and FCCPC
Stricter enforcement of consumer rights
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+234 706 957 0096
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16. CONCLUSION
Sports Betting in Nigeria has grown exponentially in the last few years. The improvements in
technology adoption and confidence in online commerce will only serve to improve the
growth.
It is in high demand by businesses for the profits, the Government/regulators for the
taxes/levies, and for punters for the potential for winnings. Sports betting operators
therefore need to stay ahead of the curve from a business perspective, a technology
perspective, and a regulatory perspective.
What should Operators do?
Plan ahead. The success of your business depends on it.
You plan ahead by monitoring legislation. Get your lawyers and legal departments to be
proactive about monitoring the laws that not only affect your business now, but could affect
your business in the future.
EMAIL: BABATUNDE@AKINIBIDAPO-OBE.COM MOBILE:
+234 706 957 0096
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17. ANY QUESTIONS?
Babatunde Ibidapo-Obe, LLB(Lagos), LLM (London)
Email: babatunde@akinibidapo-obe.com
Mobile: +234 706 957 0096
LinkedIn: linkedin.com/in/babatundeio
EMAIL: BABATUNDE@AKINIBIDAPO-OBE.COM MOBILE: +234 706 957 0096 17