By Joshua Yousouph
The Supreme Court has ruled that the Federal Government has exclusive control over activities on the nation’s inland waterways, including levying and licensing operators in the sector.
The apex court held that it was wrong, unlawful, and illegal for states to seek to control the sector and impose levies on businesses operating in the nation’s inland waterways.
The ruling which settles the long-standing dispute between the Lagos State Government and the Federal Government over the regulation of activities on Nigerian inland waterways. It was delivered on Friday
The ruling favored the Federal Government and its regulatory agency, the National Inland Waterways Authority (NIWA), cementing its status as the authentic authority governing the nation’s inland waterways.
The judgment was given on the appeal marked SC/CV/17/2018, filed by the National Inland Waterways Authority, the Minister of Mines and Steel Development, and the Minister of Transport.
Respondents to the appeal were the Lagos State Waterways Authority, the state’s Commissioner for Waterfront Infrastructure Development, the state’s Attorney-General, the Governor of Lagos State, the Incorporated Trustees of the Association of Tourist Boat Operators and Water Transportation of Nigeria, and the Incorporated Trustees of Dredgers Association of Nigeria.
The appeal, filed in 2018, was prosecuted for the appellants by a team of lawyers led by Lateef Fagbemi (SAN), now the Attorney General of the Federation, and Minister of Justice.
The legal battle over the control of inland waterways began in 2012 when the Lagos State Government, in Suit No: FHC/L/CS/543/2012, dragged the Federal Government before the Federal High Court in Lagos.
Justice John Tsoho, who adjudicated over the case, ruled in favour of the Federal Government in 2014.
Displeased, the Lagos State Government approached the Court of Appeal, which overturned Justice Tsoho’s verdict and ruled in favour of the Lagos State Government on July 18, 2017.
Not pleased, the Federal Government took the matter before the Supreme Court, which has now decided in favour of the Federal Government by nullifying the court of appeal verdict.
In its lead judgment written by Justice John Okoro and read by Justice Emmanuel Agim, the Supreme Court held that existing laws gave exclusive control of activities in the nation’s inland waterways to the Federal Government through its agencies – the National Inland Waterways Authority, NIWA, and the Nigerian Maritime Standard and Safety Agency.
The verdict, delivered in Abuja, carries significant implications, warning all state governments, including Lagos State, and their respective agencies to refrain from engaging in regulatory activities on these waterways.
Justice Okoro emphasized that any attempts by states to assert authority or compete in regulatory and commercial functions on Nigerian inland waterways would be viewed as encroachment on the federal government’s constitutional prerogative of resource control. The ruling unequivocally asserted that such activities fall within the exclusive jurisdiction of NIWA under the purview of the federal government.
According to NIWA, “the judgment concludes a protracted legal battle, providing clarity on the delineation of powers regarding the regulation and management of the country’s inland waterways. It sets a precedent, affirming NIWA’s sole authority in overseeing activities across Nigerian inland waterways while warning against any interference or overlap from state entities.
“This landmark decision reinforces NIWA’s pivotal role in ensuring uniformity, safety, and effective regulation of inland waterways across the nation.
“The Supreme Court’s directive serves as a definitive guideline for the proper delineation of responsibilities in the management and regulation of Nigeria’s vital inland waterways.
This ruling stands as a testament to the rule of law and the clear delineation of governmental responsibilities in Nigeria’s federal structure” it noted.
——–Lagos State Says It Awaits Certified True Copy Of Judgement——-
Meanwhile, in a response to the ruling, the Lagos State Government noted that the judgment was not read in open court, and parties involved are awaiting the Certified True Copy for a comprehensive understanding of the Judgement.
The state’s Attorney General and Commissioner for Justice, Lawal Pedro SAN, said in a statement that”in response to NIWA’s communication, we would like to emphasize the need for the public to remain calm and patient during this period.
Our legal team is actively working to obtain the Certified True Copy, and a detailed statement will be issued once we have thoroughly studied the judgment. We therefore also urge the waterways users and stakeholders to refrain from drawing premature conclusions and allow the Lagos State Government the necessary time to analyze the implications of the judgment”.
