The judgment was sequel to a suit no. FHC/ABJ/CS/1301/2019 filed by Reiz Continental Hotel against NSCDC and the Minister of Interior. In the judgment delivered recently by Justice Taiwo O. Taiwo, he ruled that any person or corporate entity who employs more than one person to secure its private property must not necessarily engage the services of a Private Guard Company, as canvassed by the NSCDC and Interior Minister.
The crux of the case was whether the Minister of Interior had the power to expand the scope of the application of the Private Security Guard Companies Act through subsidiary legislation, in this case, the Private Security Guard Companies Regulations 2018. The NSCDC then ordered the hotel to within two weeks sack its employees and engage the services of a Private Security Guard Company to secure its private property. The NSCDC equally threatened to apply sanctions by sealing the premises of the hotel and arresting the staff of the hotel, if they failed to comply.
The court also held that Minister of Interior in the exercise of his powers under Section 35 of the Act does not have the power under the 1999 Constitution, as amended, to expand the scope of the Act to include any person or corporate organisation, which does not operate as a Private Security Guard Company.
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