On the other hand, the Defendant on its part formulated the following issues for determination in the resolving of this case:
“(i) Whether regulation, registration, classification and grading of Hotels, guest houses, motels, restaurants, travel and tour agencies and other hospitality and tourism related establishments are matters in the Exclusive and Concurrent Legislative List and outside the legislative power of Lagos State House of Assembly.
(ii) Whether the following laws of the Lagos State are invalid by reason of their inconsistency with the provision of the Nigerian Tourism Development Act, Cap N.137, LFN:
(a) Hotel Licencing Law Cap. H6 Laws of Lagos State of Nigeria 2003;
(b) Hotel Licencing (Amendment) Law No.23 Volume 43 Lagos State of Nigeria Official Gazette of July 20, 2010; and
(c) Hotel Occupancy and Restaurant Consumptiomaw No. 30, Volume 42 Lagos State of Nigeria Official Gazette of June 23, 2009.”
On 23rd April, 2013, this matter was heard. Learned Counsel for the plaintiff T. O. Busari, Esq. identified the Plaintiff’s Originating Summons issued out on 31st August, 2010 with supporting Affidavit of 22 paragraphs and a number of documents marked as Exhibits. He also referred to the Plaintiff’s Brief of Argument case Address which is attached to the Writ of Summons.
The fulcrum of the plaintiff’s case is that by virtue of item 60 (d) of the Second Schedule part 1 of the 1999 Constitution, matters pertaining to the regulation, registration, classification, and grading of Hotels, Motels, Guest inns, Apartments, Tour operating outfits, Restaurants, Travel Agencies, Cafeteria, Fast Food Outlets and other tourist related establishments are under the exclusive legislative list of the 1999 Constitution. It is submitted that matters pertaining to these enumerated items come under the exclusive legislative list, therefore the Lagos State House of Assembly and the Lagos State Government have no power to legislate and promulgate laws on these matters.
According to the Plaintiff, their position is fortified by the provisions of the “Tourist Traffic Act” from other jurisdiction particularly the Tourist Traffic Act, 1939 of the Republic of Ireland which deals essentially with items such as enumerated in the exclusive Legislative of the 1999 Constitution of the Federal Republic of Nigeria.
It is in the light of the above stance of the Plaintiff, that this Court is being urged to declare that: the Hotel Licensing Law Cap 116 Lagos State of Nigeria 2003, the Hotel Licensing (Amendment) Law No.23 volume 43 Lagos State of Nigeria Official Gazette of 2010 July, 2010 and the Hotel Occupancy and Restaurant Consumption Law No.30 Volume 42 Lagos State of Nigeria Official Gazette of 23rd June, 2009, are illegal, null and void and of no effect whatsoever..