The impact both industries have on the growth of a country both in terms of social and economic benefits cannotbe overstated. One only has to look at Dubai in the United Arab Emirates to appreciate the impact that tourism can have on a nation’s economy in terms of job creation, higher GDP, foreign investment, higher tax revenues etc. Nigeria, with its very rich cultural heritage, scenic views and vast shoreline may also wish to reap the benefits that these industries can offer. It is noteworthy to state that in the year 2017, his excellency the former governor of Lagos State, Mr Akinwunmi Ambode stated that the state realised the sum of N800 billion in that year alone through activities in the tourism sector. Additionally, in 2009 Marlon Jackson (a member of the Michael Jackson Family) had planned to invest the sum of $3.4 billion to build a luxury resort and slavery theme park in Badagry, Lagos State, a historic port town that was the last departure point for thousands of slaves leaving Africa at the height of the transatlantic slave trade in humans. However, his plans were frustrated. Was the lack of a conducive or enabling tourism environment to blame? We may never know but at least we could create an enabling environment akin to the 21st century so we never have to miss such an opportunity again.
Tourism is largely regarded as the act of travelling to a different location, for either business or pleasure purposes. However, it actually has quite a precise definition: the act of travelling to another location, for at least 24 hours, but for no longer than one year, for purposes related to business or pleasure. A tourist is usually only categorised as such if they stay in overnight accommodation located in the environment they travel to. By its very nature, tourism involves a round trip, rather than travel in one direction only. With this in mind the tourism industry refers to all aspects of the service industry that cater to tourists.
Travel, on the other hand, refers to the act of moving from one location to another. This can refer to short or long-distance travel, domestic and overseas travel and all other forms. Therefore, the travel industry refers to the various features of the extensive service industry which cater for the needs and desires of those who have travel from one part of the world to another e.g. airlines, trains, cruise ships etc.
Nigeria is composed of thirty-six states and the Federal capital territory, Abuja. The supreme law of the land is the constitution of the Federal Republic of Nigeria 1999 and any law that is contrary to any of its provisions is to the extent of its inconsistency, null and void. In accordance with the provisions of section 4 (2) of the Constitution the National Assembly has powers to make laws for the ‘peace, order and good governance of the Federation or any part thereof’ with respect to matters listed in the exclusive legislative list, set out in part 1 of the second schedule to the constitution. The state houses of assembly cannot legislate on matters in the exclusive legislative list. The matters listed on the exclusive legislative list applicable to the travel and tourism industries are:
- Aviation including Airport, safety of aircraft and carriage of passengers and goods by air (item 3).
- Immigration into and Emigration from Nigeria (item 30).
- National parks being such areas in a state as may, with the consent of the Government of that state be designated by the National Assembly as National Parks (item 40).
- Railways (item 55).
- The establishment and regulation of authorities for the federation or any part thereof (item 60).
- To identify, collect, preserve or generally look after ancient and historical monuments and records and archaeological sites and remains declared by the National Assembly to be of national significant importance (item 60b).
- Taxation of income, profits and capital gains except as otherwise prescribed by the constitution (item 59).
- To regulate tourist traffic (item 60d).
- Taxation of income, profits and capital gains except as otherwise prescribed by the constitution (item 59).
- Item 3 – laws relating to antiquities and monument not designated as National Antiquities or National monuments. The section states that the Federal Government can only make laws with respect to Antiquities and Monuments as have with the consent of the relevant state been designated as National Antiquities or monuments.
- Item 9 – provisions for the collection of any tax fee or rate for the administration of the law providing for such collection by a local government council.
- Item 16 – laws relating to exhibition of cinematograph films – censorship, prohibition or restrictions on exhibition of cinematograph films.
Part II section 7 vests state house(s) of Assembly with powers to make laws for the peace, order and good government of the state or any part thereof with respect to matters not listed-in the Exclusive Legislative list, any matter included in the concurrent Legislative list and any other matter with respect to which it is empowered to make laws in accordance with the provision of the constitution. Any matter not falling within the exclusive or concurrent list is regarded as a residual matter. By virtue of part II section 4 (7) (a) only the state Houses of Assembly can make laws in respect of residual matters.
The reality of the present-day situation in Nigeria is that Tourism laws are being enacted at both the federal and state level. Various quarters have criticized the federal government’s legislative competence with respect to hotel grading and classification and queried the regulatory role of the Nigerian Tourist Development Corporation. It has been argued that NTDC has no legal power to close hotels as this is a residual matter under the Nigerian Constitution and within the powers of the state government. The controversy may be due to a failure to appreciate the extent of the Federal Government’s Exclusive legislative list. An overview of the tourism law of various countries including Ireland and Gambia indicates that the term “regulation of tourist traffic” covers all matters relating to tourism including hotel classification and grading and not merely immigration matters.
REVIEW OF EXISTING LAWS
Research was conducted with a view to identifying the existing laws relevant in the travel and tourism industries. Having examined one of about several of such laws my comments are as follows:
LAND USE ACT
Simple and bureaucratic free procedures allowing ease of access to Land and security of tenure would encourage investors inject funds into development of land resources for tourist related activities. Nigeria is also blessed with beaches, a tourist attraction if properly utilized and developed. The Land Use Act is the principal legislation governing land ownership and transfer in Nigeria.
By virtue of section 10 of the Land Use Act (LUA) all land comprised in the territory of each state in the federation is vested in the governor of that state in trust and to be administered for the use and common benefit of all Nigeria in accordance with the provision of the Act. The provision of section 2 puts under the control and management of the governors all land in urban areas whilst land in rural areas are under the control and management of the local government within the area of jurisdiction where the land is situated. Section 5 confers power on the governor irrespective of whether the land is in an urban area or not to grant statutory rights of occupancy to any person the land for all purposes. The governor’s power inter-alia includes granting easements in respect of the land, demanding rental, imposing penalties for breach of covenant in the certificate of occupancy granted and waving wholly or partially except otherwise prescribed all or any of the covenants or conditions to which a statutory right of occupancy is subject where compliance would be impossible or great hardship would be imposed upon the holder. Section 6 confers power on a local government to grant customary rights of occupancy for the use of land in its local government area for agricultural, residential and other purposes. Section 28 confers power on the governor to revoke rights of occupancy for overriding public interest which is defined in section 28(2). Upon revocation the holder and the occupier of such land shall be entitled to compensation for the exhausted improvement on the land in accordance with the provisions of section 29.
By virtue of the provisions of the Land Use Act it is unlawful for any statutory or customary right of occupancy to be alienated by assignment, mortgage, transfer of possession, sub-lease or howsoever without the prior consent of the governor or approval of the appropriate local government.
SUBSIDIARY LEGISLATION
LANDS (TITLE VESTING ETC) ACT
By virtue of section 1 of this Act title to all lands within 100 metres of the 1967 shoreline of Nigeria and any other land reclaimed from any lagoon, sea or ocean in or bordering Nigeria or of oceans bordering in the Federal Republic of Nigeria was vested in the federal government of Nigeria.
All such lands were to be controlled and managed for and on behalf of the federal government of Nigeria by the Federal Ministry charged with responsibility for lands and land matters or any other authority designated by the minister for the purposes of the Act. The law when promulgated as a decree under the military regime was made retrospectively to have commenced on the 1st day of January 1975. However, the law was challenged in court and the federal high court of Nigeria in the case of Oba Elegushi && 5 others v. Attorney General and Minister of Justice & 4 others in Suit No. FHC/L/CS/669/95 held that the law was null and void and of no effect whatsoever being contrary to the African Charter.
OBSERVATIONS
The provisions of the Land Use Act apart from vesting control of land in the government also changed the system of administrative procedures for perfecting title to land. In view of the required governmental consents and approvals in perfecting title to land is not only bureaucratic but costly particularly in some states. Some of these bureaucratic procedures may negatively impact on ease of land alienation considering the additional costs to be incurred for governmental consent. The financial implication differs from state to state. However, states including Lagos and Cross-River states realizing the potential of tourism have created tourist zones where land is specifically ear marked for tourism purposes and given out for tourism projects.
Nigeria has failed to realize the huge potential of its beaches. The situation in the country may be compared with other countries with beautiful beaches that also provide recreational and leisure activities thereon. Most times these beaches have been developed through joint government/private initiatives.
RECOMMENDATIONS
- Land should be given out on favourable concessionary terms to genuine investors for tourism purposes. Failure to utilize the land for the tourism project should attract stiff penalties apart from resulting in cancellation of the lease of revocation of the rights over the land.
- Bureaucracy involved in allocation of land for tourism purposes should be eliminated.
- Fees and expenses for government consent in respect of land in a tourism venture should be standardized and kept to a minimum in realization of income which will accrue to government and an increase in employment as a result of increase in the number of tourists and the operations of the venture.
- Steps should be taken to develop Nigeria’s beaches through private sector collaboration.
- The designation of tourism development zones in each respective state be encouraged. This should be actualized in a planned and systematic manner avoiding any haphazard and unplanned developments not adding to the aesthetic beauty of the zones.
- Ensuring necessary infrastructural development in tourism development areas be accorded priority. Private infrastructural development should be economized by allowing tax deduction against the value of such investments.
- Financial policy should devise a system of ensuring access to funds to investors in the tourism sector with favourable interest rates.
CONCLUSION
Tourism is an industry with abundant potential for growth. It creates employment, generates income including foreign exchange and increases tax revenue. Apart from the financial gains the environment is conserved and beautified whilst funds are expended on infrastructural development thereby enabling both visitors and locals derive benefits from a sustainable national tourism policy – when put in place and appropriately implemented.
Creation of an appropriate legal frame work is essential. As indicated above some of Nigeria’s existing laws would need to be reviewed to ensure that the legal environment is favourable to the development of Nigeria as a preferred tourist destination. Furthermore, enforcement of legislation is essential and appropriate enforcement machinery will need to be put in place.
Oluwarotimi Victor Rhodes Vivour Esq. is the Principal Partner Akande, Rhodes and Vivour (Barristers, Solicitors and Legal Consultants). He specialises in Entertainment Law, Travel and Tourism and Real Estate and Infrastructure. He can be reached at [email protected].
