Court bars state governments from inland waterways regulation

The National Inland Waterways Authority (NIWA) has reiterated that no state government in the country has the power or authority to legislate over inland waterways.

Recall that the Lagos State government has been at loggerheads with NIWA over control of the Inland waterways in the state. This has, however, led to a court case that is presently in the Supreme Court.

However, reinstating this, NIWA, in a press statement recently signed by its General Manager, Corporate Affairs, Jubril Darda’u, stated that the Federal High Court sitting in Port Harcourt, Rivers State has ruled that management and control of inland waterways in Nigeria is exclusively within the control of NIWA by virtue of the constitution and the Act establishing NIWA by the National Assembly.

He said, “The Federal High Court of Nigeria in the Port-Harcourt Judicial Division holding at Port-Harcourt before his Lordship Hon. Justice I.S Mark, in his judgement, recently ordered that a state government has no authority/power to legislate on (and enforce compliance of its legislation that affect) the use, management and control of inland waterways in Nigeria as it is exclusively within the control of National Inland Waterways Authority (NIWA) by virtue of the constitution and the Act establishing NIWA by the National Assembly.

“The judge gave the order in the Suit No: FHC/PH/CS/142/2022 between Bright Waters Energy Limited (plaintiff) and the Honourable Attorney-General and Commissioner for Justice, River State, the Commissioner of Environment, Rivers State and Petroleum Financial Corporate (PFC) as (defendants),” he said.