In response to recent remarks by the Hotel Owners and Managers Association of Lagos (HOMAL), the National Institute for Hospitality and Tourism (NIHOTOUR) has clarified the scope of its statutory mandate and operations, reaffirming its legal authority to function as Nigeria’s apex institution for tourism and hospitality training.
According to qed.ng, the institute, led by Abisoye Fagade as director-general, emphasised that the NIHOTOUR (Establishment) Act, 2022, is a valid federal legislation enacted following years of stakeholder engagement and public hearings.
HOMAL had in a statement signed by its Director General, Adeniyi Ologun said the Supreme Court judgment delivered on 19th July, 2013 in the Suit No: SC 340/2010 between A.G Federation v A.G Lagos State had settled the fact that tourism and regulation of same is a residual matter under 1999 constitution as amended and therefore within the sole legislative power of states,
But NIHOTOUR said the Act establishing the body was duly assented to by the president of the Federal Republic of Nigeria, and is become a binding law in the country.
“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),” the rejoinder stated.
NIHOTOUR refuted HOMAL’s claims that the act usurps state powers, asserting that federal laws hold supremacy in matters of national importance, including professional standards and certification in the hospitality and tourism sectors.
Responding to HOMAL’s assertion that sections of the NIHOTOUR Act are unconstitutional, the Institute pointed out that the authority to declare laws unconstitutional lies solely with the courts. “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,” NIHOTOUR noted.
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The Institute also dismissed HOMAL’s reliance on a 2013 Supreme Court judgment in A.G. Federation v. A.G. Lagos State, explaining that the judgment does not negate the specific provisions of the 2022 Act.
NIHOTOUR reiterated its statutory responsibilities under the Act, including the certification and registration of personnel, assessment and grading of professionals, and setting national standards.
“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,” the rejoinder stated.
The institute refuted HOMAL’s allegations that it was harassing hotel operators, stating that its outreach to enforcement agencies, including the Nigeria Immigration Service and the Nigeria Police, was lawful and aimed at ensuring compliance with federal regulations.
“Any claims of ‘browbeating’ are not only unfounded but also designed to distract from the core issue — lawful compliance with statute and national regulations,” NIHOTOUR said.
Regarding HOMAL’s reference to a pending court case, NIHOTOUR clarified that no injunction or court order restrains it from implementing the Act.
“There is no court order, injunction, or ruling from any court restraining NIHOTOUR from carrying on or enforcing its statutory mandate,” the Institute stated. NIHOTOUR added that it will continue to perform its duties unless otherwise directed by the courts.
The institute categorically denied allegations of harassment made by HOMAL. It described its actions, including correspondence with enforcement agencies, as legitimate and necessary steps to ensure compliance.
Additionally, NIHOTOUR addressed accusations of misappropriation, stating, “The Institute has a duty to investigate any allegations of misappropriation or diversion of statutory fees or registration funds meant for NIHOTOUR.”
NIHOTOUR reaffirmed its commitment to the growth and regulation of the hospitality and tourism industry in Nigeria. It called on all stakeholders to support the harmonisation and professionalisation of the sector by complying with the provisions of the act.
“We welcome constructive dialogue and cooperation with all stakeholders, including HOMAL, but reaffirm that no individual, association, or entity in the hospitality or tourism sector can operate outside the mandate granted by the Act,” the Institute emphasised.
The NIHOTOUR (Establishment) Act, 2022, the instituted pointed out, remains a valid and enforceable federal law, enacted after thorough stakeholder engagement. It urged all stakeholders to adhere to the Act’s provisions to foster a professional and well-regulated hospitality and tourism industry in Nigeria.
“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,” the rejoinder said.
Upon assuming duty as NIHOTOUR director-general in November 2024 after his appointment by President Bola Tinubu, Mr Fagade promised that the institute will get the respect it deserves nationally and internationally, reaffirming his unwavering commitment to propelling it to greater heights.
However, HOMAL in it statement noted that: “We wish to advise our members to ignore the threats being made by NIHHOTOUR regarding registration of their personnel and their establishment. The Supreme Court in its judgment delivered on 19th July, 2013 in the Suit No: SC 340/2010 between A.G Federation v A.G Lagos State had settled the fact that tourism and regulation of same is a residual matter under 1999 constitution as amended and
therefore within the sole legislative power of states. Therefore, we strongly believe that, all the sections in NIHOTOUR Act that offend these constitutional provisions are null and void.
“In view of the fact that, it is apparent that NIHOTOUR is hell bent on securing registration of our members’ business at all cost, we have filed an action at the Federal High Court. Lagos against NIHOTOUR, AG of Federation and others in Suit No: FHCL9062025. The case is pending before Justice Alagoa. With this case we expect NIHOTOUR to convince the court why it must depart from the decision of the Supreme Court in SUTSC340/2010. When the case came up this week NIHOTOUR lawyers were in court. Same was adjourned till 30th September, 2025 for mention with an advice from the court that all the parties should maintain their current positions. With this development our members are advised to go about their normal activities without fear of being sealed of by NIHOTOUR, until the court decides.”
