NIWA faults Lagos Attorney General on waterways jurisdiction

The National Inland Waterways Authority (NIWA) has faulted the assertions of Lagos Attorney General and commissioner of justice, Moyosoro Onigbanjo (SAN) on the subsisting judgement of the Court of Appeal, Lagos Division on appeal number CA/L/886/2014, delivered on July 18, 2017.

According to the Lagos AG, Justice Muktar JCA had stated in the lead judgement on the case that ‘All other inland waterways within Lagos State are within legislative competence of Lagos State House of Assembly’.

Onigbanjo had drawn the attention of NIWA to the assertions of the appeal court as the major plank to Lagos State Government’s response to the letter written by George Moghalu, managing director of NIWA, pleading to restrain Lagos legislators from setting up committee to investigate dredging activities in the state, which Onigbanjo said has the backing of the court of Appeal.

To put issues in proper perspective, NIWA told the Lagos attorney general to carefully revisit the content of the judgment, which he did not accord the deep consideration.

Moghalu noted that contrary to the assertions of Lagos State Government that the Appeal Court judgement favoured its regulation of the waterways, the court had in clear terms and without any ambiguity stated that ‘item 5 in the second schedule to the NIWA Act is the relevant provision for the navigable route that falls under exclusive legislative list.

NIWA Act, Moghalu stated, provides that the intra-coastal route starts from Badagry, along the Badagry Creek to Lagos through Lagos lagoon to Iwopin along Omu River/Creek, Talifa kivel to Ajelete, Akata, Aboko, Oluwa River to Okitipipa and on Gbekebo, Arogbo, Ofunama Benin Creek to Wi, also the canal running from Araromi through Aiyetoro through Mahin lagoon to Igbokoda.

Moghalu further drew the attention of Lagos government to the fact that the route run through international and states’ boundaries, and therefore, is consistent with the provisions of the constitution being items on the exclusive list and that the Court of Appeal held that revenue accruable from all federal routes is payable to Federal Inland Waterways Authority.

The NIWA boss however challenged Lagos State government to furnish him with intra waterways which exist in Lagos, outside item 5, second schedule of the NIWA Act.