Chibuikem Diala
The controversy surrounding the National Institute for Hospitality and Tourism (NIHOTOUR) Act 2022 and the NIHOTOUR Regulations 2025 raises a a lot greater query about the way forward for tourism governance in Nigeria.
My concern has all the time been that when regulation is pushed extra by income technology than by business growth, skilled requirements and repair supply, it turns into counterproductive. Nigeria wants a tourism governance framework constructed on correct separation of powers, clearly outlined mandates and coordinated obligations amongst related businesses.
However, one other dimension deserves severe consideration: the proposed constitutional modification in search of to maneuver tourism and tourism-related issues to the Concurrent Legislative List.
Under the prevailing constitutional association, issues not assigned to the Exclusive or Concurrent Legislative Lists usually fall throughout the residual legislative competence of the states. The proposed modification might essentially change this place by expressly empowering each federal and state governments to legislate on tourism.
This is the place the actual dialog ought to start.
If tourism strikes to the Concurrent List, what occurs to the authorized arguments presently being superior towards facets of the NIHOTOUR and NTDA Acts?
One might moderately argue that the modification would strengthen the federal authorities’s constitutional foundation for tourism regulation and supply NIHOTOUR with a stronger argument in defending facets of its mandate. Whether it could in the end validate the disputed provisions of the NIHOTOUR Act is one other matter completely.
Is the Concurrent List, due to this fact, the trump card NIHOTOUR could also be ready for in its authorized battle?
It is a risk the business can not afford to disregard.
However, strengthening the constitutional foundation for federal laws doesn’t robotically validate each provision of an present Act or resolve disputes over regulatory overreach.
This brings me to the State Houses of Assembly. Are our legislators, together with members of the Committees on Culture and Tourism, totally conscious of the implications of the modification for his or her state tourism businesses, hospitality legal guidelines, licensing preparations, inspection regimes and income buildings? Or will they approve it with out adequately inspecting its long-term penalties?
There can also be the query of the independence and data capability of our State Commissioners for Tourism. Do they possess the requisite constitutional, authorized and business data to objectively advise their governors and state legislatures on the far-reaching implications of this modification? Or will political issues overshadow unbiased skilled judgment?
I ask this as a result of tourism governance requires greater than political appointments and administrative supervision. It requires a sound understanding of tourism economics, constitutional legislation, hospitality regulation, funding, institutional governance and the operational realities of the business.
If commissioners aren’t adequately geared up to advise on these issues, or if their recommendation is pushed primarily by political issues moderately than unbiased skilled evaluation, the states threat making choices whose long-term penalties they could not totally respect.
The State Houses of Assembly should not rely solely on govt recommendation. They ought to interact unbiased authorized consultants and tourism professionals to interrogate the proposal. A constitutional modification of this magnitude shouldn’t be accredited just because it’s offered pretty much as good for tourism; the states should perceive what they stand to achieve, what they may lose, and the long-term implications for his or her regulatory powers and tourism establishments.
Equally necessary is the way forward for our present institutional framework. The NIHOTOUR Act 2022, the NIHOTOUR Regulations 2025 and the Nigerian Tourism Development Authority (NTDA) Act 2022 are present devices. Their overlapping regulatory obligations have already raised considerations throughout the business. HOMAL has additionally not too long ago secured a High Court judgement towards NIHOTOUR, with N10 million in prices reportedly awarded towards the institute.
If the constitutional modification passes, will the NIHOTOUR and NTDA Acts be reviewed and amended to replicate the brand new constitutional realities? Will their respective mandates be clearly outlined to remove duplication in registration, inspections, skilled licensing and compliance prices?
I’m not against putting tourism on the Concurrent Legislative List. National coordination and customary requirements have their deserves. But concurrent jurisdiction should not change into a licence for competing businesses to train overlapping powers. It shouldn’t be a software to frustrate tourism companies in Nigeria.
Tourism associations, skilled our bodies and different business stakeholders should now converse out. They ought to interact their respective state governments and State Houses of Assembly, demand public consultations and make sure that significant discussions happen earlier than choices are made. The business should assist form the phrases of this proposed constitutional change, with clearly outlined obligations and safeguards that shield companies, encourage funding and advance the collective curiosity of the sector.
The goal must be a coherent framework wherein federal and state authorities complement each other, encourage funding and help tourism growth.
Before the states give up, share or redefine any side of their legislative competence, they need to perceive exactly what they stand to achieve, what they may lose and what safeguards are required.
Otherwise, we might uncover too late that, in attempting to resolve as we speak’s regulatory dispute, we have now constitutionally entrenched the situations for tomorrow’s greater one.
.Diala, is Executive Director; International Hospitality, Tourism & Eco-sustainability Forum (IHTEF)
