FG Loses Control Of Tourism, Hotel Regulation To States

A Panel of the Supreme Court of Nigeria has unanimously declared that it is only a state house of assembly that can make laws on tourism or exercise control in the licensing or grading of hotels, restaurants and fast food outlets.

Dismissing a case filed by Attorney General of the Federation and upholding the contention of that of Lagos State, the Court on Friday held that the Constitution empowers only 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 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, Ade Ipaye, 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 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.