The Lagos state government may have resigned to fate over its face-off with the National Inland Waterways Authourity (NIWA) over the superintendence of waterways in the state.
In the state’s first reaction to last Friday’s ruling of a Federal High Court restraining the state government from regulating ferry services on its waterways, Governor Babatunde Fashola said the ruling was as a disincentive to investment.
The Lagos state government may have resigned to fate over its face-off with the National Inland Waterways Authourity (NIWA) over the superintendence of waterways in the state.
In the state’s first reaction to last Friday’s ruling of a Federal High Court restraining the state government from regulating ferry services on its waterways, Governor Babatunde Fashola said the ruling was as a disincentive to investment.
Delivering judgment on Friday in the National Inland Waterways Authourity (NIWA) versus LASWA case, Justice Saliu Saidu ordered that NIWA, by virtue of its enabling Act has a clear mandate to manage the nation’s vast inland waterways, exclusively.
The Judge said the state government had no constitutional right to regulate ferry services or collect fees on its waterways.
The judge gave the verdict in a suit instituted by the Incorporated Trustees of the Association of Tourist Boat Operators, Water Transporters of Nigeria, and the Incorporated Dredgers Association of Nigeria.
Fashola while speaking to newsmen at an event to mark the 2500 days of his administration in office at Ikeja, said it was simple logic that state governments should regulate activities on their waterways and not the Federal Government or its agencies.
But, unlike in the ruling on the collection of tolls on the Lekki Ikoyi link bridge, which the state government is already contesting, the Governor did not give any indication of an appeal in the NIWA/LASWA case.
The plaintiffs had filed the suit to seek an order of the court to stop the LASWA, an agency of the Lagos state government, from imposing fees on them.
However, Fashola insisted that the ruling lacked merit, noting that it would send wrong signals to would-be investors in water transportation.
“In terms of investment, it is a very sad statement overall to our investment drive as a nation.
“It is contradictory that investors should come and at the same time, we are giving judgement against investment.
“The ruling lacked merit because water transportation is not different from road transportation.
“As every state has the capacity to run its bus system and taxi system within its territory, so should states run their water transportation system within their water bodies.
“I think it is simple logic and sensibility to expect that we should regulate the operations of ferries,’’ he said.
Fashola said the ruling meant people paddling their canoes in creeks in the Niger Delta and other places needed permits to do so.
He said the regulation of all water transport activities in all the states by the central government would be near impossible.
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