The Attorney-general, Lagos State V. The Attorney-general Of Federation (2013)

LAWGLOBAL HUB Lead Judgment Report

SULEIMAN GALADIMA, J.S.C.

When this case came up for hearing on 23/4/2010, this court was initially faced with two suits filed by the ATTORNEY-GENERAL of Federation v. ATTORNEY-GENERAL, Lagos State in Suit No.SC.340/2010. The other was ATTORNEY-GENERAL, Lagos State v. ATTORNEY GENERAL of Federation in Suit No. SC.462/2010. By consensus of all the Learned Counsel for their respective parties, it was agreed that the Suit No. SC.462/2010 should abide by the ultimate decision of this Court in Suit No. SC.340/2010.

Both Suits are hinged squarely on the interpretation of the same Constitutional provisions which are the same. Since the case of the plaintiff in Suit No.SC.340/2010 has been dismissed, the case of the plaintiff in Suit No.SC.462/2010 is meritorious and it succeeds. It is determined in favour of the plaintiff herein.

Consequently, I hereby declare as follows:-

(1) That the House of Assembly of Lagos State is the body entitled to the exclusion of any other legislative body, to enact laws with regard to rendering technical advice to the Lagos State and Local Governments in the State with field of tourism and with respect to registration classification and grading of all hospitality and tourism enterprises in Lagos Sate.

(2) That the provision of the Nigerian Tourism Development Corporation Act Cap. N.37 of the Federation of Nigeria 2004 to wit: Section 4(2) (c) (d) and the Regulations made there under and Section of the Act is ultra vires the legislative competence of the National Assembly and therefore unconstitutional, null and void.

SC.462/2010