Appeal Court Judgment Only Grants LASG Power To Legislate On Intrastate Waterways- NIWA
The management of the National Inland Waterways Authority, NIWA, has debunked claims by the Lagos State Government to the fact that a recent Appeal Court Judgment gave the state government power to control waterways in the state.
The state governor, Mr Akinwunmi Ambode had while swearing in newly elected Local Government Chairmen and their councillors said that with the judgment, the era of uncontrolled dredging is now over in the State as ‘the State Government would now take firm control over its inland waterways and the adjoining lands including all sand dredging activities.’
“I am delighted to inform you that the State Government has recorded a major success in its quest to control its resources and enshrine the true spirit of Fiscal Federalism. Last week on 18th July 2017, the Court of Appeal Lagos Division allowed the Appeal of the Lagos State Government and set aside the Federal High Court Judgment which gave the Nigerian Inland Waterways Authority to regulate transportation and sand dredging.
“The era of uncontrolled dredging is over and this serves as a clear warning that the Lagos State Government will now take firm control over its inland waterways and the adjoining lands including all sand dredging activities. This will further aid our efforts in abating flood in the State,” Governor Ambode said.
But the management of NIWA in a statement released Thursday said that the Court never granted the state such power.
‘The attention of the National Inland Waterways Authority (NIWA) has been drawn to some online news flash and on Daily Newspapers, on July 25th, 2017, which quoted the Lagos State Governor as having said that the Court of Appeal, Lagos Division had set aside the Federal High Court judgment which empowered NIWA to regulate inland waterways including dredging activities and has now empowered Lagos State to regulate same within Lagos State.
‘In this connection therefore, NIWA wishes to clarify that the Court of Appeal only granted Lagos State the power to legislate on INTRA- STATE WATERWAYS (i.e. such waterways that originate and end within Lagos State). However, such waterways do not exist in Lagos State because all bodies of waterways in Lagos State are either international, tidal, intra-coastal and/or inter-state waterways.
‘The Court of Appeal retained the power to regulate international, intra-coastal and inter-state waterways in NIWA being items provided under articles 36 and 64 of the exclusive legislative list of the 1999 constitution (as amended). It should be noted that, NIWA was not the plaintiff in this case at the lower Court as wrongly perceived, but a co-defendant with Lagos State.
‘It is also imperative to notify the public that beside this Court of Appeal judgment, there is also another subsisting Court of Appeal decision in G. M Ent. Ltd vs C.R. Investment Ltd. reported in (2011) 14 N.W.L.R. part 1266, page 125, where the Court of Appeal held that NIWA has been conferred with far reaching power and right to control, develop, manage and use all the lands, navigable waterways, inland waterways, river ports etc throughout Nigeria. The position therefore remains that it is only the Federal Government that can regulate Inland Waterways, Shipping, Navigation and Dredging activities within the Nigerian Inland Waterways and its Right- of – Ways.
‘Therefore, NIWA wishes to use this medium to call upon all Maritime and Dredging Operators to disregard the latest claims by the Lagos State Government, remain calm and continue to carry on their legitimate businesses as regulated by NIWA.
Meanwhile NIWA has already filed an appeal against the judgment at the Supreme Court pending the formal transmission of the judgment to NIWA and therefore Lagos State has nothing to be excited about since the judgment has not changed the status quo ante.
