The Federal Government is challenging Lagos State’s competence to enact the Hotel Licensing Law Cap H6, 2003; Hotel Licensing (Amendment) Law No 23 Volume 43 of July 20, 2010 and Hotel Occupancy and Restaurant Consumption Law No 30 Volume 42 Lagos State of Nigeria official gazette of June 23, 2009.
In the suit filed pursuant to Order 2 Rule (2), 6(1)(2) and (3) of the Supreme Court as amended 2008, and Section 4(2)(3), item 60 (D) part 1 of the second schedule of the 1999 Constitution, the Federal Government urged the apex court to restrain the state from exercising control over tourist and hospitality centres.
Further more, the federal government wants the court to restrain the state from promulgating, passing into law, enacting or legislating upon issues or any matters relating to the regulation, classification and grading of hotels, motels, guest inn, travel agencies, tour operating outfits, resort, cafeterias, restaurants, fast food outlets and other related tourist establishments and from enforcing in any manner or way through itself or any of it’s agencies.
Supreme Court yesterday adjourned to April 23, 2013 suits filed by the Federal Government and Lagos State Government over who has control over hotels, travel agencies, eateries and tourist centres.
On its part, Lagos state government in its originating summons claimed that operators of hotels, motels, fast food and other related tourist businesses are under its control and not that of the federal government.
The summons was filed pursuant to Section 4(2), (3), (4), (6) and 7 of the 1999 Constitution, and order 3 Rule (2), Rule 6(1) and (3) of the Supreme Court Rules.
The state is asking the court to decide whether the legislative competence of the National Assembly and the State Houses of Assembly is not as set out in Section 4 of the Constitution of the Federal Republic of Nigeria 1999.
It asked the Supreme Court to declare 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 Government in the state in the field of tourism and with respect to registration, classification and grading of all hospitality and tourism enterprises in Lagos.
It also asked the court to declare that the provisions of the Nigerian Tourism Development Corporation Act Cap N137 Laws of the Federation of Nigeria 2004 to wit: Section 4(2) (c), (d) and the Regulations made there under and Section 7 of the Act is ultra virus the legislative competence of the National Assembly and therefore unconstitutional, null and void.
The matter was adjourned to 23 April.
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