*Case postponed to end of September

The court case between the Hotel Owners and Managers Association Lagos (HOMAL) and the National Institute for Hospitality and Tourism (NIHOTOUR) came up at the Federal Magistrate Court Ikoyi, Lagos under Justice Alegoa. However, the case has been postponed for end of September for mention.

The court case was instituted by HOMAL seeking the court’s adjudication on the NIHOTOUR Act 2022.  NIHOTOUR had written to the HOMAL requesting that the association register its members based on the NIHOTOUR Act of 2022. And that if the members failed to do so, their licenses to operate will be revoked. HOMAL said  this means NIHOTOUR intends to regulate the operation of the hospitality  industry  which is against the judgment of the Supreme Court of 2013. HOMAL is arguing that the issue of legislative authority over tourism has been settled by the 2013 Supreme Court judgment in the suit between the Lagos State government and the Attorney General of the Federation.

The association is further arguing that based on the 1999 constitution of Nigeria, tourism is a residual matter. Anything pertaining to tourism, whether training, establishment and other issues falls under the ambit of the state government, and therefore the NIHOTOUR Act of 2022 in so far as it relates to tourism business, including standardization, registration and so on, are null and void.  

NIHOTOUR had, while reacting to HOMAL position, stated that the NIHOTOUR (Establishment) Act, 2022 was  validly enacted  and passed by the National Assembly after years of extensive deliberations, public hearings, and active engagement with relevant stakeholders within the hospitality and tourism industry, including state and non-state actors. It denied usurping the powers of state governments and insisting on the supremacy of validly enacted federal laws, particularly where such laws relate to matters that have national application and relevance, such as professional standards and certification in key sectors.

The institute state further: “NIHOTOUR categorically denies all insinuations by HOMAL that it is “harassing” its members. NIHOTOUR’s outreach to federal enforcement and regulatory agencies, such as the Nigeria Immigration Service and the Nigeria Police, is a legitimate and lawful step taken to ensure nationwide compliance with a federal law. Any claims of “browbeating” are not only unfounded but also designed to distract from the core issue — lawful compliance with statute and national regulations.

“Furthermore, the Institute has a duty to investigate any allegations of misappropriation or diversion of statutory fees or registration funds meant for NIHOTOUR. Any such claims will be thoroughly investigated, and appropriate legal actions will be taken where necessary.”