***Issued by the National Institute for Hospitality and Tourism (NIHOTOUR)
The attention of the National Institute for Hospitality and Tourism (NIHOTOUR) has been drawn to a recent publication by the Hotel Owners and Managers Association of Lagos (HOMAL), wherein the Association made several misleading, unfounded, and legally erroneous assertions concerning the legality and implementation of the NIHOTOUR (Establishment) Act, 2022. This rejoinder serves to correct these inaccuracies, clarify the Institute’s mandate, and affirm the lawfulness of its operations.
1 NIHOTOUR ACT, 2022: A PRODUCT OF ROBUST STAKEHOLDER ENGAGEMENT AND DUE LEGISLATIVE PROCESS.
The NIHOTOUR (Establishment) Act, 2022 is a validly enacted Federal legislation of the Federal Republic of Nigeria, 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. The Act was duly assented to by the President of the Federal Republic of Nigeria and has become binding law throughout the federation, pursuant to Section 4(2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
Assertions made by HOMAL that the Act “usurps” powers of state governments ignore 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.
2 HOMAL LACKS LEGAL STANDING TO DECLARE A FEDERAL LAW UNCONSTITUTIONAL
.It must be categorically stated that HOMAL, as a private association, has no legal authority to declare any part of the NIHOTOUR Act unconstitutional. That responsibility rests exclusively with the courts of competent jurisdiction. In the absence of any such judgment, all provisions of the NIHOTOUR Act remain in full force and are enforceable across all states of the federation, including Lagos State.
The 2013 judgment cited by HOMAL in A.G. Federation v. A.G. Lagos State (SC.340/2010) reported as A.G. Federation v. A.G. Lagos State 2013 LPELR- 20974 (SC) has no bearing on the specific functions and powers granted to NIHOTOUR by the 2022 Act, particularly as they relate to professional training, certification, registration, and standardization of personnel within the hospitality and tourism industry. HOMAL’s reliance on that judgment is both legally flawed, irresponsible and misleading.
3 THE IMPLEMENTATION DRIVE BY NIHOTOUR IS LAWFUL AND WITHIN STATUTORY MANDATE. NIHOTOUR is implementing the provisions of its enabling Act, including the certification and registration of personnel, assessment and grading of hospitality practitioners, and enforcement of national professional standards.
In accordance with Sections 1, 2, 4, and 5 of the NIHOTOUR Act, the Institute is mandated to:
-Certify and register qualified personnel in the hospitality, travel and tourism sectors
-Maintain a national register of certified professionals; Grade and assess service quality and skills;
-Set national standards of knowledge, skills, and conduct for industry professionals.
These provisions apply nationwide and were clearly articulated in the demand letter issued to various hotels and establishments, which requested management-level staff to submit relevant documentation for certification as provided in the NIHOTOUR Act of 2022.
4) NO COURT ORDER OR INJUNCTION HAS BEEN GRANTED AGAINST NIHOTOUR.
HOMAL’s claim that the filing of Suit No: FHC/L/906/2025 halts the implementation of the NIHOTOUR Act is grossly misleading. There is no court order, injunction, or ruling from any court restraining NIHOTOUR from carrying on or enforcing its statutory mandate. The mere pendency of a suit does not invalidate or suspend the operations of a valid law.
Indeed, when the matter came up before Justice Alagoa, the court merely adjourned proceedings and advised parties to maintain their “current positions,” which cannot be interpreted to mean that NIHOTOUR should halt implementation of its mandate under the law. Until the court issues a contrary order or judgment, all establishments and practitioners within the hospitality, travel and tourism sectors are legally required to comply with the directives issued by NIHOTOUR pursuant to the Act.
The Institute 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.
5 CALL FOR COMPLIANCE AND COOPERATION
NIHOTOUR reiterates its commitment to the growth, regulation, and professional development of the Nigerian hospitality, travel and tourism industry. The Institute welcomes constructive dialogue and cooperation with all stakeholders, including HOMAL, but reaffirms that no individual, association, or entity in the hospitality or tourism sector can operate outside the mandate granted by the Act.
All hospitality, travel, and tourism establishments within Lagos State and across the country are hereby reminded of their statutory obligations under the NIHOTOUR Act, and are directed to comply with requests for certification and registration as duly communicated
CONCLUSION.
The NIHOTOUR (Establishment) Act, 2022, is a valid federal law, enacted following due process and stakeholder engagement. HOMAL’s claims lack legal foundation and misrepresent the current legal and regulatory reality. Until a competent court rules otherwise, NIHOTOUR shall continue to perform its lawful mandate in line with the powers vested in it by the Act.
We urge all stakeholders to support a harmonized, professionally regulated hospitality, travel and tourism sector in Nigeria by complying with the provisions of the law.
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