Despite the absence of overt conflict between the National Inland Waterways Authority (NIWA) and the Lagos State Waterways Authority (LASWA) over waterways regulation since the Supreme Court’s ruling on the matter, there are indications that some contraventions by the Lagos State Government still persist in the handling of water ways issues.
Recall that On January 5, 2024, a protracted 12-year legal dispute concluded as the Supreme Court affirmed the validity of a prior ruling from the Federal High Court, FHC/CS/ 543/ 2012, declaring NIWA as the legitimate regulatory authority for Nigerian inland waterways. The ruling advised the Lagos State government, its agencies, and any other states in the country to refrain from engaging in regulatory activities on Nigerian inland waterways.
After a long silence, the General Manager, Lagos State Waterways Authority (LASWA); Mr Oluwadamilola Emmanuel, said that the agency has no choice, but to obey the verdict of the Supreme Court on the prolonged face off with NIWA.
Findings by Shipping Position Daily have revealed that since the apex Court’s ruling, there seems to be a noticeable calm between the NIWA and LASWA. However, information from reliable sources show that some traces of legal contraventions by the Lagos state government have begun to rear up its head on Lagos waterways.
In the light of recent developments, NIWA has underscored its commitment to resolving disputes through legal avenues, rather than resorting to physical confrontation.
Speaking last week with a top official of the NIWA at the Lagos Area Office, who pleaded anonymity, noted that amidst potential disputes, NIWA’s approach will be to find legal solution, rather than physical confrontation.
Although the NIWA official did not give full details of the contraventions by the Lagos State government, noted that the matter will be addressed in-house as letters have been written to the Lagos State Ministry of Waterfront Infrastructure Development to that effect.
The NIWA official informed that the agency will explore legal channels and collaborate with the state governments to uphold the tenets of the law, prioritizing adherence to legal mandates over personal grievances.
According to the NIWA official, the Supreme Court’s decision effectively nullified LASWA’s presence on the waterways. However, the official stressed NIWA’s commitment to ensuring stakeholders’ job security, structured management and protection of waterways; while encouraging inclusive partnerships; both public and private, aimed at enhancing waterways management and safety.
Regarding recent concerns surrounding the mandatory use of the Cowry card on boats, NIWA maintained a neutral stance, noting that there is no formal communication regarding the matter. NIWA emphasized that there have been no recent confrontations between NIWA and LASWA, and private operators have not reported harassment from LASWA.
“As we all know, the Supreme Court’s judgment actually nullified the existence of LASWA. But NIWA is not interested in pushing everybody out of job. With the Supreme Court judgment, it will be difficult to fund LASWA .The Intention of NIWA after the judgement is to ensure that stakeholders have peace of mind and also the waterways are well-structured and protected.
“We welcome anybody, be it a big or small organization both public and private that is willing to partner in keeping the waterways safe. That is an all-inclusive collaboration. That is what the new management of NIWA is preaching.
“When there are issues, NIWA doesn’t want to get into physical competition with anybody. When there are issues, we call our lawyer and write to the state government, particularly when they are negating the tenets of the Supreme Court ruling. It is an issue of law. It is not an issue of any personal feeling of bitterness or misunderstanding. Let the law define the relationship on waterways. People must survive but in surviving, the law is above everyone”.
Also speaking, the National Public Relations Officer of Waterfront Boat Owners and Transporters Association of Nigeria Waters (WABOTAN), Chief Raymond Gold said there have been strict adherence to the Court ruling while advocating LASWA’s relevance in its significant role of advancing transportation, particularly on water routes within Lagos State.
Gold called for mutual cooperation between NIWA and LASWA, emphasizing the need for stakeholders support in facilitating collaboration. He also addressed the issue of boat operators’ responsibilities, stating that they should pay fees for utilizing jetties constructed by the Lagos state government.
Regarding ongoing discussions surrounding the implementation of the Cowry card system on all private operators, Gold revealed that despite initial plans, the deployment of the system had not materialized fully.
The WABOTAN Scribe discussed recent negotiations with a presidential committee regarding the introduction of Compressed Natural Gas (CNG) engines for boat operators in order to explore potential benefits for the industry’s adoption.
“Well, ordinarily, as an association, I’ve always said that we try to be as neutral as possible. As law-abiding citizens, we must obey the rules and orders from the Supreme Court, the highest court in the land. The court made it clear that when it comes to inland waterways, NIWA is the regulator and that there shouldn’t be any other. So, that is clear. But that doesn’t mean LASWA is irrelevant because the Lagos state government has really contributed to the development of transportation particularly on the waterways.
“NIWA and LASWA must work together and cooperate where they need to. I think the stakeholders need to support this too. Boat operators are expected to pay for the facilities of the Jetties they are suing if it was built by the Lagos state government.
“Talking about the palliative, we were part of a discussion where the agreement was that that would be central to actually using the Cowry. But this never even took off because the machines were not deployed. We only have these at a few jetties run by the state government. So it was more or less what we discussed, but it has not happened”.
On his part, the Liverpool (Apapa) Unit Chairman of the Maritime Workers Union of Nigeria (MWUN), Comrade Ayeyemi Omosuyi said the relationship between LASWA and NIWA is all about collaboration, with LASWA taking charge of maintaining and monitoring all state owned jetties.
Omosuyi noted that there are Jetty Managers who collect fees from private boat operators for the use and upkeep of the jetties, underscoring LASWA’s continued involvement in waterway operations despite the regulatory shift. He emphasized that LASWA’s ownership of the jetties prevents NIWA from unilaterally excluding LASWA from waterway management.
