SULEIMAN GALADIMA, JSC (Delivering the Leading Judgment): 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 H6, 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.
Consequently, the following general questions were raised for determination:
1. Whether the Lagos State Government and Lagos State House of Assembly can enact law in respect of any item listed under the exclusive legislative list of the Constitution of the Federal Republic of Nigeria 1999.
2. Whether by virtue of the provision of Item 60(d) Part 1 of the Second Schedule of the Constitution of the Federal Republic of Nigeria which lists the regulation of tourist tra…