The controversy over whether the Lagos state government has a concurrent jurisdiction over waterways in the state has been laid to rest by Justice Saliu Saidu of the Federal High Court, Lagos.
The Judge in a ruling which also affected the highbrow Lekki-Ikoyi link bridge in Lagos declared also that the Lagos State Waterways Authourity (LASWA) is an illegal entity; whose creation can not subsume the NIWA
The controversy over whether the Lagos state government has a concurrent jurisdiction over waterways in the state has been laid to rest by Justice Saliu Saidu of the Federal High Court, Lagos.
The Judge in a ruling which also affected the highbrow Lekki-Ikoyi link bridge in Lagos declared also that the Lagos State Waterways Authourity (LASWA) is an illegal entity; whose creation can not subsume the NIWA
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.
Shipping Position Daily recalls that the same Judge had on Thursday also ruled that there was no law authorising the collection of tolls on the bridge by the state government.
In a landmark judgment, the judge said the power to control the Lekki Lagoon and other Federal Navigable Waterways was vested in the Federal Government of Nigeria.
The last Friday judgment which favoured NIWA also declared that the Federal agency is the statutory body to exercise powers over all waterways on behalf of the Federal Government.
The NIWA had in December 2013 raised alarm over what it described as the illegal posturing of its state counterpart; LASWA over rights of collection of levies and taxes on operators of watercrafts on waters in Lagos state.
The LASWA had insisted that NIWA must harmonise its fees with that of the state agency, a step which the former vowed to resist.
The Lagos Area Manager of NIWA; Mr. Muazu Sambo had alleged that LASWA was established unlawfully to undermine the authority of NIWA.
“LASWA is an illegal creation. It is not recognised by the laws of this country, because LASWA is a creation of the Lagos House of Assembly, which purported to repeal the NIWA Act in order for it to be in existence. The question is, can a State House of Assembly repeal a Federal legislation? To that extent we do not have any relationship with LASWA,” Sambo had said.
He was emphatic that NIWA will not harmonise its fees with LASWA, in order to avoid”double, even multiple, taxation.”
The NIWA Lagos Area Manager had submitted that, if the Lagos State Government was interested in developing water transportation, it would operate within the federal ambience as represented by NIWA.
It had also challenged the Lagos state government to go to court.
Even though the Lagos state government had promised to appeal the ruling on Lekki-Ikoyi Link Bridge, it was yet to make any pronouncement on the NIWA ruling as at press time.
The National Inland Waterways Authority (NIWA) was established by Decree No. 13 of 1997 with a clear mandate to manage Nigeria's vast inland waterway resources. The Decree vests in NIWA the power of exclusive management, direction and control on the Nigerian inland waterways. This power is exercised on Nigeria’s 3000km navigable waterways from the Nigeria/Niger and Nigeria/Cameroon borders to the Atlantic Ocean. Nigeria is blessed with a river configuration very suitable for North-South movement of people and goods.
The inland waterways of Nigeria comprise of the main river system (Rivers Niger and Benue which form a confluence at Lokoja), creeks, lagoons, lakes and intra-coastal waters. Early merchants, missionaries and educationist took advantage of the Nigerian river system to embark on expeditions on the River Niger.
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