NIWA sad over Appeal Court ruling on Lagos waterways

The issue between the National Inland Waterways Authority (NIWA) and the Lagos Waterways Authority (LASWA), over who has the constitutional power to control the waterways in Lagos State, has since March 2017, thrown up legal battles between the two respective authorities.
While NIWA argues that it has the sole constitutional mandate to provide regulations on the nation’s waterways and charge fees from operators and protect the stakeholders’ interest, LASWA on the other hand insists that it also has the legal right to control the natural resources (mineral deposits) in the state.
The issue caused disarray in 2008, when LASWA was accused of charging multiple taxes and fees from members of the Dredgers Association of Nigeria and operators of water transport in Lagos. Stakeholders of the inland waterways had groaned that they were subjected to slavery, because Lagos State government, according to them, strangulated their businesses.
NIWA has challenged that the Lagos State House of Assembly (LSHA) has no right to make a law that created LASWA, based on the provision of the of 1999 Constitution as amended, which says that a State House of Assembly has no right to alter any law enacted by the National Assembly.
NIWA described the Lagos State Waterways Authority as a parallel agency, which has no business existing, citing its activities as illegal. But Lagos State government believes it has powers to control all mineral resources in the state.
In a legal battle between NIWA and LASWA over who controls and manage mineral resources, a Federal High Court sitting in Lagos, had on March 28, 2017, ruled that Lagos State had no authority to manage the waterways because such power fell under the exclusive legislative list.
Apparently dissatisfied with the Federal High Court judgment, Lagos State approached the appellate court asking it to set aside the ruling by the lower court on the matter.
The Appeal Court in its judgment, which was delivered by Justice Hussein Mukhtar, ruled: “It is hereby held that the Lagos State House of Assembly is competent to make laws in respect of the intra-inland waterways in Lagos State, except the Inter-State waterways declared as International or Inter-State Waterway under item 5 in the 2th Schedule to the National Inland Waterways Act.”
By this ruling, the Appellate court has set aside the March 28, 2017 judgment and therefore gave the Lagos State House of Assembly the right to make laws on waterways in the state.
At a NIWA’s meeting with stakeholders of the Inland Waterways, held in Lagos recently, the authority constructively engaged the operators to be aware of the legal issues on ground and make their contributions. The meeting had members of Dredgers Association of Nigeria, boat operators and sand dealers etc in attendant.
Commenting on the judgment, Muazu Sambo, area manager of NIWA, Lagos zone, said his agency rejected the appellate court judgment because the Court of Appeal ”did not address the issue of LASWA.”
According to Sambo, “LASWA remains an illegal entity, because the Lagos State House of Assembly enacted the law that established the authority.
NIWA argued that the Lagos State House of Assembly in line with the appeallate court judgment “does not have the power to make laws in respect of the following international and intra-state waterways in Lagos.
For this reason, Sambo said, NIWA, National Maritime and Safety Agency (NIMASA) on the advice of the Attorney-General of the Federation and minister of justice, had filed an appeal at the Supreme Court asking it to set aside the appeal court ruling. NIWA is ”demanding that Lagos State defines their intra-state water routes in Lagos State.” The case has been fixed for September 11th, 2017, for hearing.
On the seven-day ultimatum issued by Lagos State directing operators of waterways to comply with the Appeal Court judgment of the July 18, Sambo stated unequivocally: “Every dredger that has the operational licence of NIWA is protected by the law in the first place. NIWA of today will not sit down and allow illegality perpetrated by any entity.”
Commenting on the appeallate court ruling, a legal practitioner, who simply gave her name as Barrister Hadiza, said technically, “Lagos State would lose the case at the Supreme Court since the Appeal Court gives them right to intra-state waters, which ”I am not sure there is any water that starts and ends in Lagos.”
Richard Ntan, Secretary-General of Dredgers Association of Nigeria, thanked NIWA for the stakeholders meeting initiative as such gesture has proven that the agency is a responsible organisations, which the interest of waterways operators at heart.
According Ntan, the forum offered the stakeholders an opportunity to air their views on the appeallate court ruling and take a common stand. He condemned the Lagos State quest to control waterways in the state, which they have no constitutional backup to do so.
He submitted that the constitution gave the Federal Government the exclusive legislative right to control and manage all mineral resources in the country, advising Lagos to behave responsibly.
At the end of the meeting the stakeholders said, they would soon organize a press conference to mobilise their members in order to take a common stand in line with NIWA’s on the appellate court judgment.