Following the recent move by the Lagos State government to go on its own to register and classify the operations of the hospitality outfits in the state, the AttorneyGeneral of the Federation, Mr. Bello Adoke (SAN), has filed a suit at the Supreme Court against the state.

The suit is to restrain Lagos State from promulgating the Lagos hotels licensing law, CAP H6 2003, the hotel occupancy and restaurant consumption law No 30, volume 42, Lagos State official gazette of June 23, 2009 and the hotel licensing (amendment) law No. 23, volume 43, Lagos State official gazette of July 20, 2010.

In the originating summon  issued on August 30, 2010, the Federal Government is seeking a declaration that the legislations are in conflict with the provisions of section 4(2)(d) of the Nigerian Tourism Development Act 1992, a law enacted by the National Assembly and is, therefore, invalid, being inconsistent with the provisions of section 4(2)(3), item 60 (d) part 1 of the second schedule to the constitution  and to the extent of their inconstituency, null and void  and of  no effect whatsoever.

The summons read in part: “Within 21 days after service of this summons, upon the application of the AttorneyGeneral of the Federation (the plaintiff) with claims challenging the validity of the hotel licensing law cap H6 laws of Lagos State, Nigeria 2003, hotel occupancy and restaurant consumption law No. 30, volume 42, Lagos State of Nigeria official gazette of June 23, 2009 and the hotel licensing (amendment) law No. 23, volume 43, Lagos State of Nigeria official gazette of July 20, 2010.”

The FG is also seeking a perpetual order of injunction restraining  Lagos State government  either  by itself, its agents, privies, servants, representatives or anybody whosoever acting on its behalf, from further promulgating, passing into law, enacting or legislating on issues or any matter relating to the licensing regulation, classification  and grading of tourism related  establishment, and from enforcing, in any manner or way, through itself or any of its agencies.

In another letter dated August 31, 2010, entitled Re: Suit No: SC/340/2010 Attorney-General of the Federation  versus Attorney–General of Lagos State, the Federal Government said it did not expect Lagos State to take any step to enforce the provisions of the legislations being challenged in the Supreme Court.

The letter read in part: “In view of the pending suit, we do not expect the Lagos State government to take any step to enforce any of the provisions of the legislations now being challenged in the Supreme Court.”