S/Court judgment on waterways control: Experts urge south-south states to act fast create agencies

Maritime experts and practitioners have reacted to the recent judgment of the Supreme Court on control of inland waterways. The states have been told to begin audit of the waterways areas to know what is available for acquisition and control.

Some of those who spoke to BusinessDay in Port Harcourt have also asked south-south states to act fast first by setting up a panel of lawyers to help interpret the full implications and to start negotiations with the National Inland Waterways Authority (NIWA) for a seamless handover of certain responsibilities and duties.

Suka Monta, an energy expert, supported by Kennedy West of MOSIEND, recommended an audit and reclaim of adjoining lands, urging them to conduct a comprehensive mapping of all waterfront lands currently under NIWA or federal control for non-navigational purposes, including housing estates, markets, recreational facilities, and urban development projects.

Monta asked the states to issue formal notices to NIWA and relevant federal agencies directing them to cease unauthorized activities and transfer necessary records to the state government.

The states were also asked to update state laws and regulatory agencies; and to review and amend existing land use, urban planning, and waterways laws to align with the Supreme Court’s decision.

Monta said: “The states should strengthen or establish state waterways authorities, similar to the model adopted by Lagos State, to oversee licensing, safety standards, and revenue collection for intra-state waterways.”

On investment and revenue planning by leveraging the removal of regulatory conflicts and multiple taxation by granting concessions for waterfront development, tourism projects, housing schemes, and commercial activities.

“The states are to develop state-owned urban transport and ferry systems while independently collecting revenues arising from land-based waterfront developments.

“They should create inter-state and federal coordination; establish a coordination forum with the other affected states to promote a harmonized legal and regulatory framework and prevent conflicting policies.”

Read also: NMA in Niger demands rescue of abducted colleague

Monta said they should maintain active engagement with the Federal Government and NIWA to clearly define the boundaries between navigational and non-navigational uses, reducing the likelihood of future disputes.

They should endeavour to protect existing and ongoing projects, review all existing contracts, leases, permits, and licenses previously issued by NIWA on lands now under state jurisdiction to determine their legal status and whether they should be reissued by the state; and to communicate policy changes clearly to developers, investors, communities, and operators to provide certainty and encourage further private-sector investment in water transport, real estate, and waterfront development.

The experts said the Supreme Court’s decision represents a significant shift in the management of waterfront lands across Nigeria. “By clarifying the constitutional boundaries between federal and state powers, the ruling creates new opportunities for states to generate revenue, attract investment, and accelerate development. However, these opportunities will require strong governance, clear regulations, and effective coordination between states and the Federal Government to achieve their full economic potential.”

They urged the states to ponder over how the ruling specifically impact any current infrastructure projects being tracked in Rivers State or Lagos State, particularly those involving waterfront development, ferry transportation systems, industrial zones, or urban renewal initiatives.

Impact on Rivers State:

Concerning Rivers State, Monta Rivers State is blessed with an extensive network of creeks and rivers that connect directly to the Atlantic Ocean. Bringing these waterways under the control of the state carries several important economic implications.

He urged Rivers State to expect direct revenue and leasing rights, saying the state can now charge for the use of inland waterways, grant concessions for dredging, jetties, and ferry services, and retain the revenue generated from these activities. “Previously, much of these fees went to federal agencies. For a state with active creeks and rivers, this creates a new income stream directly tied to local economic activity.”

He said it would need fast-tracking structural development. “Without requiring federal permits for every dredging or channel-clearing project, the state can move more quickly to open shallow channels for barges and smaller vessels. It can also develop jetties and river ports to reduce pressure on road transportation, supporting industries that depend on affordable water transport for bulk goods.

“This speed is important for attracting logistics companies, manufacturers, and agro-processing firms that rely on efficient river transportation networks.”

On job creation and local business growth, he said state control of waterways means more opportunities for local contractors, operators, and maintenance firms to secure projects that might otherwise have gone to large federal-linked companies. “It can also reduce transportation costs for traders moving goods between riverine communities and urban centres, stimulating local commerce and economic growth.”

He pointed to investment attraction, saying the judgment is likely to encourage significant investment because investors value regulatory clarity and a streamlined approval process.

“If a state government can directly approve and oversee river ports, industrial zones, and related infrastructure projects on its waterways, it removes several layers of bureaucracy that often delay development. Rivers State, for instance, can align waterways development with its industrial zones and free trade areas, creating a more attractive environment for investors.”

On limits and coordination challenges, he said the benefits will depend largely on the state’s capacity to manage its waterways effectively. “Maintaining navigable channels, controlling flooding, and preventing environmental degradation require strong engineering, technical, and environmental expertise. Since many rivers cross state boundaries, neighbouring states will still need to cooperate on dredging activities, regulations, and trade policies to avoid conflicts that could hinder commerce.

“The judgment represents a shift toward greater local control, increased revenue opportunities, and faster infrastructure development. However, these benefits come with greater responsibility. The success of the new arrangement will depend on the state’s ability to fund, manage, and sustainably develop its waterways while coordinating effectively with neighbouring states and relevant stakeholders.”