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MINISTER FOR JUSTICE & ATT.-GEN., FED. V. ATT.-GEN., LAGOS ( (2013)

Supreme Court of Nigeria

Coram
  • Aloma Mariam Mukhtar CJN
  • Ibrahim Tanko Muhammad JSC
  • John Afolabi Fabiyi JSC
  • Suleiman Galadima JSC (Read the Lead Judgment)
  • Nwali Sylvester Ngwuta JSC
  • Musa Dattijo Muhammad JSC
  • Stanley Shenko Alagao JSC
Parties

Appellant:

  • Minister for Justice and Attorney-General of Federation

Respondent:

  • Attorney-General of Lagos State
Suit number
SC. 340/2010
Delivered on

Background

This case arose from a dispute between the Federal Government and Lagos State regarding legislative competences over tourism and related regulations. The Federal Government contested the validity of several Lagos State laws that sought to regulate tourism establishments within the state, citing their inconsistency with the Nigerian Tourism Development Corporation Act.

Issues

The main issues presented before the Supreme Court were:

  1. Whether matters related to tourism fall under the Exclusive Legislative List of the 1999 Constitution.
  2. Whether the Lagos State House of Assembly can enact laws concerning items within the Exclusive Legislative List.
  3. Whether Lagos State can make laws conflicting with existing federal laws.

Facts

The Federal Government initiated proceedings by challenging the following Lagos State laws: - Hotel Licensing Law, Cap. H6, Laws of Lagos State, 2003; - Hotel Occupancy and Restaurant Consumption Law No. 30, Vol. 42, Lagos State, Official Gazette, 23 June 2009; - Hotel Licensing (Amendment) Law No. 23, Vol. 43, Lagos State, Official Gazette, 20 July 2010. The Federal Government asserted that these laws encroached upon powers exclusively reserved for the National Assembly, specifically related to the regulation, registration, classification, and grading of hospitality establishments under the Nigerian Tourism Development Corporation Act, 1992.

Ratio Decidendi

The Supreme Court held in its ruling that:

  1. Federalism entails a clear delineation of powers between levels of government, and the Federal Government possesses exclusive legislative powers only in areas defined by the constitution.
  2. The regulation of tourist traffic, as per Item 60(d) of the Second Schedule to the Constitution, encompasses only the movement of tourists into Nigeria and does not extend to the regulation of hotel establishments which remains a residual matter for state governments.
  3. The legislation enacted by the Lagos State Government does not conflict with federal laws as the federal laws in question are invalid.

Court Findings

The court found that:

  1. The Nigerian Tourism Development Corporation Act was flawed as it overreached the legislative competence of the National Assembly.
  2. Matters pertaining to the regulation, registration, and classification of hotels and related establishments are not expressly covered in the Exclusive Legislative List and fall under residual powers.
  3. The Lagos State laws were valid and not in conflict with any Constitutional provisions.

Conclusion

The Supreme Court dismissed the Federal Government's suit, affirming the rights of Lagos State to legislate on hospitality and tourism within its jurisdiction in accordance with its residual powers.

Significance

This ruling clarifies the scope of legislative powers between the Federal and State governments in Nigeria, reaffirming the states' autonomy to enact laws on matters not expressly stated in the Exclusive Legislative List. It serves as a benchmark for similar federalism-related cases in the future.

Counsel:

  • T.O. Busari, Esq. - for the Appellant.
  • Adeola Ipaye (Attorney-General, Lagos State) - for the Respondent.