The National Institute for Hospitality and Tourism (NIHOTOUR) has issued a strong rejoinder to the Hotel Owners and Managers Association of Lagos (HOMAL), refuting claims that its 2022 Establishment Act is unconstitutional and its operations illegal, asserting the law’s supremacy and its mandate for professional standards nationwide
[dropcap]T[/dropcap]he National Institute for Hospitality and Tourism (NIHOTOUR) has vehemently refuted claims made by the Hotel Owners and Managers Association of Lagos (HOMAL) regarding the legality and implementation of the NIHOTOUR (Establishment) Act, 2022.
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In a detailed rejoinder, NIHOTOUR dismissed HOMAL’s assertions as “misleading, unfounded, and legally erroneous.”
NIHOTOUR asserted that its 2022 Establishment Act is a validly enacted Federal legislation, passed after extensive deliberations and stakeholder engagement, and duly assented to by the President.
It stressed that HOMAL’s claims of the Act usurping state powers ignore the supremacy of federal laws, particularly those concerning national professional standards and certification.
The Institute categorically stated that HOMAL, as a private association, lacks the legal authority to declare a federal law unconstitutional, a power reserved exclusively for the courts.
NIHOTOUR also dismissed HOMAL’s reliance on a 2013 Supreme Court judgment (A.G. Federation v. A.G. Lagos State) as “legally flawed, irresponsible and misleading,” arguing it has no bearing on NIHOTOUR’s specific functions related to professional training, certification, registration, and standardisation in the hospitality and tourism industry.
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
NIHOTOUR affirmed that its ongoing implementation efforts, including the certification and registration of personnel, assessment of practitioners, and enforcement of national professional standards, are entirely lawful and within its statutory mandate as outlined in Sections 1, 2, 4, and 5 of the Act.
The Institute further clarified that HOMAL’s claim of a court injunction against NIHOTOUR’s implementation is “grossly misleading.”
It stated that no court order or ruling has been granted to restrain NIHOTOUR, and the mere pendency of a suit does not invalidate or suspend a valid law.
NIHOTOUR confirmed that when the matter recently came before Justice Alagoa, the court merely adjourned proceedings and advised parties to maintain their “current positions,” which does not imply a halt to NIHOTOUR’s mandate.
Addressing allegations of harassment and misconduct, NIHOTOUR categorically denied them, explaining that its outreach to federal enforcement agencies like the Nigeria Immigration Service and the Nigeria Police is a legitimate step to ensure nationwide compliance with federal law.
It also warned that any claims of misappropriation of statutory fees would be thoroughly investigated.
In conclusion, NIHOTOUR reiterated its commitment to the growth and professional development of Nigeria’s hospitality and tourism industry.
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It called for cooperation from all stakeholders, including HOMAL, emphasising that no entity can operate outside the mandate of the Act and directing all establishments to comply with requests for certification and registration.
