Supreme Court has affirmed the Federal Government’s exclusive authority over activities in Nigeria’s inland waterways, including the power to levy and license operators.
Gatekeepers News reports that in a landmark judgment on Friday, January 5, the court declared that any attempt by states to control the sector or impose levies on businesses within the nation’s inland waterways is invalid.
The judgment, authored by Justice John Okoro, but read on Friday by Justice Emmanuel Agim, was on the appeal marked: SC/CV/17/2018, filed by the NIWA, NMSSA, the Minister of Mines and Steel Development, and the Minister of Transport.
The court highlighted that existing laws designate the federal government through its agencies, the National Inland Waterways Authority (NIWA) and the Nigerian Maritime Standard and Safety Agency (NMSSA), as the sole authority and no other tier of government.
Lagos State Waterways, the state’s Commissioner for Waterfront Infrastructure Development, the state’s Attorney General, Governor of Lagos State, the Incorporated Trustees of Association of Tourist Boat Operators and Water Transportation of Nigeria (ATBOWTN), and the Incorporated Trustees of Dredgers Association of Nigeria (DAN) were respondents to the appeal.
The appeal filed in 2018 was prosecuted for the appellants by a team of lawyers led by Lateef Fagbemi (SAN), who was recently appointed as the Attorney General of the Federation (AGF) and Minister of Justice.
The Supreme Court concurred with the appellants’ argument that NIWA is exclusively responsible for levying and controlling activities along the nation’s inland waterways. It firmly stated that NIWA, under the federal government’s mandate, has the rightful authority to manage all activities on navigable waters throughout the country for the purpose of inland navigation, pursuant to Sections 8 and 9 of NIWA Act.
The court emphasized that the actions of the Lagos government, particularly the Lagos State Waterways Authority (LASWA), infringed on NIWA’s statutory functions. It underscored the federal government’s exclusive legislative power over maritime shipping and navigation, precluding state interference.
The apex court noted that existing laws do not favour Lagos government’s arguments on resource control, but that political stakeholders, including the Legislature could work on ways to amend the law to address the concern raised by Lagos and others on the issue.
In a pivotal decision, the Supreme Court reinstated a judgment delivered on March 28, 2014, by Justice John Tsoho of the Federal High Court in Lagos, overturning the Court of Appeal’s decision on July 18, 2017.
The Court of Appeal had asserted that inland waterways within Lagos State, not covered by the National Inland Waterways Act, fell under the state’s legislative competence.
The Supreme Court, however, reversed this decision, reinforcing federal control over inland waterways activities.
