The battle of who regulates all activities on Nigerian inland waterways between Lagos State government and the Federal Government came to an end at the weekend in Abuja as the Supreme Court ruled in favour of the Federal Government and its inland waterways regulatory agency, the National Inland Waterways Authority (NIWA).
Justice John Inyang Okoro, in a landmark judgment delivered on January 5, 2024, validated an earlier Federal High Court ruling, FHC/CS/ 543/ 2012, which pronounced NIWA as the authentic regulatory authority over Nigerian inland waterways and advised Lagos State government and its agencies and any other states in the country to stay away from regulatory activities on Nigerian inland waterways.
Justice Okoro held that any attempt to compete over regulatory and commercial functions with NIWA on Nigerian inland waterways will amount to pursuing resource control, which constitutionally rests with the Federal Government of Nigeria.
The apex court Justice refused to be drawn into the argument of resource control, insisting that such extensions belong to politicians, who have the power of amendment of the constitution.
According to him, until the applicable sections of the Nigerian constitution are amended, the court will restrict itself to its duty to interpret the law as it is.
By this judgement, Lagos State and other littoral states are to abide by the judgement.
Before now, there had been a protracted legal tussle between the Federa; Government and Lagos State Government over which of them controls waterways in Lagos with huge economic potential.
The latest judgement has empowered NIWA to control, regulate and sanitise boat operations and dredgers in all the nation’s waterways.
Commending the Supreme Court judgment, Managing Director of the Authority, Mr Bola Oyebamiji, said that NIWA was established to harness the potentials of the sector, one that the apex court ruling has now given teeth.
“This judgment has come at a time Mr President gave directives to maximise the benefits of the sector in all the ways it will enhance the economy and empower Nigerians. With President Tinubu’s determination to open up the economy through the newly-created Ministry of Marine and Blue Economy under the leadership of Mr Adegboyega Oyetola as the minister, this judgment will bolster our efforts and help to facilitate the processes of developing the sector,” Oyebamiji said.
The NIWA helmsman went on to explain that the judgment is about consolidation of water transportation, tourism and sundry economic empowerment of the people, and not about who won or lost at the Supreme Court.
“This is not about who won or lost. This is about Nigeria and Nigerians benefitting from our God-given endowment. It is about the common good and rebuilding the sector for greater opportunities.
“A nation cannot be this blessed with navigable coastal and inland waterways without exploring and maximising the benefits for the good of all. So, this is not about a court victory. This is about the greater good and the need for us to explore the potentials of our inland waterways for the benefit of our people.
“If we put to good use Nigeria’s potential in the coastal areas in the area of transportation for instance, it will reduce the pressure on our roads and improve citizen interactions,” the NIWA MD added.
Responding to the Supreme Court judgment, the Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro, in a statement issued immediately after the judgment was delivered, said the Lagos State government is still studying the judgment.
“The attention of the Lagos State government has been drawn to a report by the National Inland Waterways Authority (NIWA) regarding the judgment delivered on January 5, 2024, in NIWA & 3ORS V LASG & 5ORS SC/17/2018.
“It is important to note that the judgment was not read in open court, and parties involved are awaiting the Certified true copy for a comprehensive understanding of the Judgment. In response to NIWA’s communication, we would like to emphasise 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 urged the waterways users and stakeholders to refrain from drawing premature conclusions and allow the Lagos State government the necessary time to analyse the implications of the judgment.
“We appreciate your understanding and cooperation,” the Attorney General and Commissioner for Justice stated.
Before now, there had been a protracted legal tussle between the Federal Government and Lagos State Government over which of them controls the inland waterways in Lagos with huge economic potential.
However, the latest judgement has empowered NIWA to control, regulate and sanitise boat operators and dredgers in all the nation’s waterways.
It also grants the Authority the powers to generate more revenue into the coffers of the Federal Government.
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