Supreme Court affirms FG’s exclusive control over inland waterways

The Supreme Court has ruled that exclusive control over activities on the nation’s inland waterways, including the imposition of levies and licensing of operators in the sector, rests solely with the federal government. In a judgment delivered on Friday, January 5, the apex court declared it improper for states to attempt to regulate the sector and impose levies on businesses operating on the country’s inland waterways.

The court emphasized that existing laws grant the Federal Government exclusive control over inland waterway activities through its agencies, namely the National Inland Waterways Authority (NIWA) and the Nigerian Maritime Standard and Safety Agency (NMSSA), and no other level of government.

Justice John Okoro authored the judgment, which was read by Justice Emmanuel Agim on Friday. The judgment was issued in response to the appeal (SC/CV/17/2018) filed by NIWA, NMSSA, the Minister of Mines and Steel Development, and the Minister of Transport. The respondents included 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 Supreme Court concurred with the appellants’ argument that NIWA is the sole agency responsible for levying, imposing, and charging rates for utilization along declared waters of Nigerian Inland Waterways. It affirmed NIWA as the rightful and legal federal agency empowered to manage, direct, and control all activities on navigable waters and their right of ways throughout the country, in accordance with Sections 8 and 9 of the NIWA Act.

The court also supported the appellants’ claim that the actions of the Lagos government and its agencies amounted to an illegal encroachment on the statutory functions of NIWA, as the waterways of Lagos State fall under the Exclusive Legislative List outlined in Part 1 of the Second Schedule to the 1999 Constitution. It emphasized that only the Federal Government, through the National Assembly, has the authority to legislate on Maritime Shipping and Navigation.

Furthermore, the court addressed the appellants’ contention that the Lagos State Waterways Authority (LASWA), established by the Lagos Government through LASWA Law No. 14 of 2008, is unconstitutional. While noting that existing laws do not support the Lagos government’s resource control arguments, the court suggested that political stakeholders, including the Legislature, could explore ways to amend the law to address concerns raised by Lagos and others on the issue.

In conclusion, the Supreme Court reinstated the judgment delivered on March 28, 2014, by Justice John Tsoho of the Federal High Court in Lagos, overturning the July 18, 2017, judgment of the Court of Appeal (Lagos division) that had set aside the Federal High Court judgment. The Supreme Court’s decision affirmed NIWA’s authority and exclusive federal control over inland waterway activities.