A full panel of the
Supreme Court of Nigeria this morning unanimously declared that it is only a
State House of Assembly that can make laws on tourism or the licensing and
grading of hotels, restaurants, fast food outlets and other hospitality
establishments. Dismissing a case filed by the Attorney General of the
Federation and upholding the contention of the Attorney General of Lagos State,
the Court held that the Constitution of the Federal Republic of Nigeria, 1999
as amended, only empowers the National Assembly to regulate tourist traffic, a
term which does not extend to hotel registration or licensing. The Court also
ruled in favour of Lagos State in another case filed on the same subject which
was consolidated with the first one for hearing. In the latter case, the Court
declared valid both the Hotel Licensing Law of Lagos State (as amended) and the
Hotel Occupancy and Restaurant Consumption Law of Lagos State. The offending
sections of the Nigerian Tourism Development Corporation (NTDC) Act were
however declared null and void.
Represented by the
Attorney General, Mr. Ade Ipaye, in person, Lagos State Government had argued
during the hearing that the only power reserved to the National Assembly on the
Exclusive Legislative List in Schedule 2 to the Constitution was the regulation
of tourist traffic, which only pertained to immigrations and the issuance of
visas, but Mr. Tunde Busari, representing the Attorney General of the
Federation, contended that the phrase was enough to cover all tourism subjects and
that the NTDC Act had therefore covered the field. On those grounds, Mr. Busari
called on the court to invalidate the Hotel Licensing Law and Hotel Consumption
Tax Law of Lagos State. This was rejected by Galadima JSC who read the lead
judgment and all other justices in both cases.
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