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Only states can legislate on hotel business regulation

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 H.6, 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.

ISSUES.

The Plaintiff’s issues formulated for determination are as follows:

“1)    Whether the matters pertaining to tourism and other tourist related establishments fall under the exclusive legislative list of the Constitution of the Federal Republic of Nigeria 1999.

2)    Whether the Lagos State House of Assembly and the Lagos State Government can enact and promulgate laws on matters within the exclusive legislative list as set out in Section 4(2) (d) Part 1 Second Schedule of the Constitution of the Federal Republic of Nigeria 1999.

3)    Whether the Lagos State House of Assembly and the Lagos State Government can enact and promulgate laws which directly conflict with the provisions of an existing law of the National Assembly and if such enactment law exist whether such can supercede an existing law of the National Assembly.”


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