Following an Appeal Court judgement delivered on 18th July 2017 empowering the Lagos State Government to control its inland waterways, the Federal Inland Waterways Authority (NIWA) has said that it has taken the case to the Supreme Court, even as it directed operators to ignore the seven days ultimatum issued on Tuesday by the Lagos State Government.
Speaking at a stakeholders meeting in Lagos yesterday, Lagos Area Manager of NIWA, Mr. Muazu Sambo said that the Lagos State Government needs to clearly define their "intra-state water routes" as the Appeal Court Judgement only permit them to operate within.
He vowed to the boat operators and dredgers association that NIWA would not fold it's hands and allow them to be exploited by the Lagos government.
The NIWA boss alleged that the sole aim of the Lagos government seeking control of the waters is based on selfish interest, especially to cede off portions of the shorelines in other to get money.
Sambo described the establishment of the Lagos State Water Authority (LASWA) as an illegal formation with sole aim of creating multiple taxation on water operators. He also alleged that Justice Hussein Mukhtar of the Appeal Court erred in law by failing to address the illegality of the creation of LASWA.
He also noted that in line with an advice from the Attorney General of the Federation, NIWA has gone to challenge the Appeal court ruling at the Supreme Court.
Addressing the stakeholders, Sambo said "We see you as our partners in business, unlike Alausa (Lagos Government) who see you as people they should strangulate and cough out money from by all means, and we would not as regulators whom you have approached for our permit to operate, leave you defenceless, we would never allow what happened in 2008 to repeat itself" he vowed
He assured that NIWA led by Mr. Boss Mustapha would leave no stone unturned in ensuring that the rule of law prevails, he added that Mustapha is committed and has access to the highest corridors of power to protect the mandate of the agency
At the Appeal Court, he noted that the case had initially been adjourned to 11th September 2017 for hearing, only for NIWA to suddenly get a judgement notice on 17th July 2017 without hearing. He alleged that the Appeal court in giving the judgement had set aside the Federal High Court judgement which was earlier given in favor of NIWA.
He said "the same Appeal court gave them authority over a body of water that they do not have"
"LASWA had repealed the NIWA Act in its formation, and the appeal court did not address the illegality of LASWA before giving the judgement, we want to say that the learned judges erred in law, no state house of assembly can repeal a federal legislation and we want this to be stated clearly in the interest of our water operators, this is why we are going to the Supreme court" he said
Even though the Lagos State Attoney General and Commissioner for Justice, Mr. Adeniyi Kazeem has warned that erring operators who fail to comply with all laws guiding their operations would face sanctions, the operators have pitched their tent with NIWA.
Speaking with Shipping Position Daily on the side-lines of the stakeholders meeting, Lagos State Chairman of Association of Tourist Boat Operators and Water Transport Operators (ATBOWATON) Chief Wellington Ilori said that boat operators would continue to pay their dues to NIWA.
Ilori explained that the association in partnership with dredgers association had in 2009 dragged NIWA, LASWA and the Nigerian Maritime Administration and Safety Agency (NIMASA) to court seeking interpretation on who should collect dues from operators.
"We as ATBOWATON were the ones that sued NIMASA, LASWA and NIWA and the court has asked us to pay to NIWA. The appeal court sets aside this judgement, I don't see where the state law can repeal a federal law, my people will continue to pay to NIWA and if Lagos State take my people to court, NIWA would not fold it's hands"
Also speaking, Secretary of the Sand Dredgers Association, Richard Ntan said the Appeal Court Judgement was a misnomer that would fuel crisis in the sector.
According to him, "Lagos State is not different from every other state, so for now, they cannot be allowed to control their resources. We would continue to stand with NIWA on this matter, and I want to appeal to them that we need their protection also" he said.
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