In a landmark judgment, the Supreme Court has upheld the exclusive authority of the Federal Government over activities on Nigeria’s inland waterways, including the levying and licensing of operators in the sector. The ruling declared it unlawful and illegal for states to attempt to control the sector and impose levies on businesses operating in the nation’s inland waterways.
The judgment, obtained by our correspondent, emanated from an appeal (SC/CV/17/2018) filed by the National Inland Waterways Authority (NIWA), Nigerian Maritime Standard and Safety Agency (NMSSA), the Minister of Mines and Steel Development, and the Minister of Transport.
The court, in a judgment read by Justice Emmanuel Akomaye Agim on behalf of Justice John Inyang Okoro, emphasized that existing laws grant exclusive control of inland waterway activities to the Federal Government through its agencies, NIWA and NMSSA, and not to any other tier of government.
The appeal challenged the actions of the Lagos State Waterways Authority (LASWA), the state’s Commissioner for Waterfront Infrastructure Development, the state’s Attorney-General, the 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).
NIWA, represented by a legal team led by Prince Lateef Fagbemi (SAN), argued successfully that the agency had the exclusive responsibility to levy, impose, and charge rates for utilization along the declared waters of the Nigerian Inland Waterways Authority.
The court agreed that NIWA, as the rightful and legal agency of the Federal Government, holds the power to manage, direct, and control all activities on navigable waters and their right of way throughout the country for inland navigation.
Additionally, the Supreme Court ruled that the activities of the Lagos government and its agencies constituted an illegal encroachment on the statutory functions of NIWA. It clarified that the Exclusive Legislative List in the 1999 Constitution designates inland waterways as within the purview of the Federal Government.
The court emphasized that only the National Assembly, representing the Federal Government, can legislate on Maritime Shipping and Navigation. It dismissed the argument that the Lagos State Government had the power to legislate on the matter.
The Supreme Court reinstated the judgment delivered on March 28, 2014, by Justice John Tsoho of the Federal High Court in Lagos, reversing the Court of Appeal’s decision on July 18, 2017, which had set aside the Federal High Court judgment. The ruling underscores the Federal Government’s authority in regulating and overseeing inland waterway activities.
