The National Inland Waterways Authority (NIWA) has faulted the assertions of Lagos State Attorney General and Commissioner of Justice, Moyosoro Onigbanjo (SAN) on the subsisting judgement of the Court of Appeal, Lagos Division that was delivered on July 18th 2017 by Justice Muktar.
It will be recalled that Justice Muktar, had stated in the lead judgement on the case, that all inland waterways within Lagos State are within legislative competence of the State House of Assembly and revenue there from accruable to Lagos State Waterways Authority (LASWA), even as he noted that the state is competent to make laws in that regards.
Onigbanjo had drawn the attention of NIWA to the assertions of the Appeal Court as the major plank to Lagos State government response to the letter written by the Managing Director of NIWA, Dr George Moghalu, pleading to restrain Lagos legislators from ambushing its mandate by setting up committee to investigate dredging activities in the state, which Onigbanjo noted has the backing of the court of Appeal.
However, reacting to this, NIWA in a statement signed by the Technical Adviser Media to NIWA office, Mr. Frank Meke on Thursday, the agency told the Lagos Attorney General to carefully revisit the content of the judgment which he may have read in haste or inadvertently did not accord the ruling deep consideration.
According to the statement, Moghalu, noted that contrary to the assertions of Lagos State government that the Appeal court judgement favoured its regulation on the waterways, the court had in clear terms and without any ambiguity stated and held on page 27 of the copious judgement that "items 5 in the second schedule to the NIWA Act is the relevant provision for the navigable route that falls under exclusive legislative list”.
Dr Moghalu further drew the attention of Lagos State government to the fact that the marine route runs through international and states boundaries and therefore is consistent with the provisions of the constitution being items on the Exclusive List and which the Court of Appeal held, adding that the revenue accruable from the federal route is payable to NIWA.
NIWA boss flagged the empathic ruling of the Court of Appeal, and challenged Lagos state government to furnish him with intra waterways which exists in Lagos, outside item 5, second schedule of the NIWA Act.
Moghalu also noted with concern, “the very deliberate efforts of state government to over reach itself on Lagos lagoon which clearly is outside its legislative competence, requesting that Lagos government seek a second opinion on the true meaning of dredging which the Minerals Act defined as "sand mining" , an activity within the exclusive ambit of the federal government.
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