Hon. Minister For Justice And Attorney-general Of Federation V. Hon. Attorney-general Of Lagos State (2013)

LAWGLOBAL HUB Lead Judgment Report

SULEIMAN GALADIMA, J.S.C.

By an originating summons taken by the Federal Government as Plaintiff against Lagos State, as the Defendant, the plaintiff challenged the validity of enactment of the following laws: The Hotel Licensing Law Cap H6, Laws of Lagos State of Nigeria 2003; The Hotel Occupancy and Restaurant Consumption Law. No.30, Vol. 42, Lagos State of Nigeria official Gazette 2009 and The Hotel Licensing (Amendment) Law No. 23, Vol. 43, Lagos State of Nigeria official Gazette, July 2010.

Consequently, the following general questions were raised for determination:

1. Whether the Lagos State Government and Lagos State House of Assembly can enact law in respect of any item listed under the exclusive legislative list of the Constitution of the Federal Republic of Nigeria 1999.
2. Whether by virtue of the provision of Item 60(d) Part 1 of the Second Schedule of the Constitution of the Federal Republic of Nigeria which lists the regulation of tourist traffic as a legislative item under the exclusive legislative list the National Assembly is entitled to the subsequent provisions of Section 4 (2) (d) of the Nigeria Tourism Development Corporation Act Cap N137, Laws of the Federation of Nigeria 2004, which gives the Nigerian Tourism Development Corporation the right to licence, regulate, register, classify and grade Hotels, Motels, Guest Inns, Travel Agencies, Tour Operating Outfits, Resorts, Cafeterias, Restaurants, Fast Food Outlets and other related tourist establishments situated and located within the geographical boundaries of Lagos State and or the Lagos State Government can sign into law any law, to license, regulate, register, classify and grade Hotels, Motels, Guest Inn, Travel Agencies, Tour Operating Outfits, Resorts, Cafeterias, Restaurants, Fast Food out lets and other related tourist establishments situated and located within the geographical boundaries of Lagos State.
3. Whether the Lagos State Government and the Lagos State House of Assembly can enact a law which directly conflicts with an existing law enacted by the National Assembly and where such law, is enacted, whether such law or enactment made by the Lagos State Government and the Lagos State House of Assembly can remain valid where such law or enactment is in conflict with an existing law or enactment made by the Federal Government of Nigeria the National Assembly.

Suffice it to note that out of these three general questions posed for the consideration is a précis of the three issues formulated by the plaintiff for determination of his claim. I shall come to this anon.

According to the plaintiff, in the event of the questions raised above are answered in the negative, they have now adumbrated their claims as follow:

“1. A Declaration that the Lagos State Government and the Lagos State House of Assembly have no power to enact a law to licence, regulate, register, classify and grade Hotels, Motels, Guest Inns, Travel Agencies, Tour Operating Outfits, Resort Cafeteriats, Restaurant, Fast Food Outlets and other related tourist establishments within the geographical boundaries of Lagos State or any place in Nigeria.

2. A Declaration that by virtue of the provisions of items 60(d) Part 1 of the Second Schedule of the Constitution of the Federal Republic of Nigeria 1999 and the subsequent provisions Section 4(2) (d) of the Nigerian Tourism Development Corporation Act Cap N137 Laws of the Federation of Nigeria 2004, it is only the National Assembly that can legislate, and it is only the Nigerian Tourism Development Corporation, as established that can control matters relating or pertaining to the licensing, regulate, registration, classification and grading of hotels, motels guest inns, travel agencies tour operating outfits, resort, cafeteriats, restaurant, fast food outlets and other related tourists establishment within the geographical boundaries of Lagos State and any other place in Nigeria.
3. A declaration that the following legislations, laws and enactments, that is:

“i) Hotel Licensing Law Cap H6 Laws of Lagos State of Nigeria 2003.

ii) Hotel Licensing (Amendment) Law No.23 Volume 43 Lagos State of Nigeria Official Gazette of 20th July, 2010.

iii) Hotel Occupancy and Restaurant Consumption Law No. 30 Volume 42 Lagos State of Nigeria Official Gazette of 23rd June, 2009 in as much as the said legislations Laws and enactments seek to regulate, register, classify and grade Hotels, Motels, Guest Inns, Travel Agencies, Tour Operating Outfits, Resort, Cafeterias, Restaurants, Fast Food Outlets and other related tourist establishments ARE IN CONFLICT with the provisions of Section 4(2) (d) of the Nigerian Tourism Development Act 1992 (a law enacted by the National Assembly and therefore null and void and of no effect whatsoever.

4) A Declaration that the following legislations, Laws and enactments, that is:

“i) Hotel Licencing Law Cap H6 Laws of Lagos State of Nigeria 2003.

ii) Hotel Licencing (Amendment) Law No.23 Volume 43 Lagos State of Nigeria Official Gazette of 20th July, 2010.

iii). Hotel Occupancy and Restaurant Consumption Law No. 30 Volume 42 Lagos Sate of Nigeria Official Gazette of 23rd June, 2009 in as much as the said legislations Laws and enactment seek to licence, regulate, register, classify and grade hotels, motels, guest inns, travel agencies, tour operating outfits, resort, cafeterias, restaurants fast food outlets and other related tourist establishment are conflict with the provisions of Section 4(2)(d) of the Nigerian Tourism Development Act 1992 (a law, enacted by the National Assembly) are therefore invalid being inconsistent with the provisions of Section 4(2)(3), item 60 (d) Part 1 of the Second Schedule to the Constitution of the Federal Republic of Nigeria 1999 and to the extent of their inconsistency, null and void of no effect whatsoever.

5) An Order of perpetual injunction restraining the Lagos State Government either by itself, its agents, privies, servants, representatives or anybody whosoever acting on it’s behalf, from further promulgating, passing into law, enacting or legislating upon issues or any matters relating to the licensing regulation, classification and grading of hotels, motels, cafeterias, restaurants, fast food outlets and other related tourist establishments and from enforcing in any manner or way through itself or any of its agencies, the following legislation: