Supreme Court Affirms FG’s Control Of Inland Waterways

By Garry Ochigbo

The Supreme Court has affirmed that the control of activities on the nation’s inland waterways, including levying and licensing operators in the sector, belongs exclusively to the Federal Government.

The apex court, in a judgment, held that it was wrong, unlawful and illegal for states to seek to control the sector and impose levies on businesses operating in the nation’s inland waterways.

It held that existing laws give exclusive control of activities in the nation’s inland waterways to the Federal Government through its agencies – the National Inland Waterways Authority, NIWA, and the Nigerian Maritime Standard and Safety Agency, NMSSA.

The judgment, authored by Justice John Okoro but read by Justice Emmanuel Agim, was on the appeal marked SC/CV/17/2018, filed by NIWA, NMSSA, the Minister of Mines and Steel Development, and the Minister of Transport.

Respondents to the appeal were the Lagos State Waterways, 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.

The appeal filed 2018 was prosecuted for the appellants by a team of lawyers led by Prince Lateef Fagbemi (SAN), now the Attorney General of the Federation, AGF, and Minister of Justice.

The Supreme Court agreed with Fagbemi’s argument that NIWA is the only agency saddled with the responsibility to levy, impose, and charge rates of utilization along the declared waters of the Nigerian Inland Waterways Authority.

It added that NIWA is the rightful and legal agency of the Federal Government with the powers to exclusively manage, direct and control all activities on the navigable waters and its right of way throughout the country for inland navigation, pursuant to Sections 8 and 9 of NIWA Act.

It held that it is only the Federal Government, through the National Assembly, that can validly legislate on Maritime Shipping and Navigation, adding that the power to legislate on any subject in the Exclusive Legislative List does not lie with the Lagos State Government.

The Supreme Court restored the judgment delivered on March 28, 2014, by Justice John Tsoho of the Federal High Court in Lagos and reversed the July 18, 2017, judgment of the Court of Appeal (Lagos division), which set aside the Federal High Court judgment.

In his judgment on the case, Justice Tsoho held, among others, that NIWA and NMSSA are the proper and lawful agencies with authority in matters relating to the commercial activities of ATBOWTN and DAN, who are involved in water tourism, water transportation and sand dredging within the nation’s inland waterways.

Justice Tsoho restrained the Lagos State Waterways Authority and the state’s Commissioner for Waterfront Infrastructural Development from further seeking to control the commercial activities of the plaintiffs – ATBOWTN and DAN.

Edited By Grace Namiji