GALADIMA JSC (Delivering the Lead 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. 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.
Consequently, the following general questions were raised for determination:
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. 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 traffic as a le…