Supreme Court Grants FG Exclusive Oversight of Inland Waterways
The Supreme Court of Nigeria has settled a long-standing dispute over regulatory authority on the country’s inland waterways by awarding exclusive responsibility to the Federal Government, represented by the National Inland Waterways Authority (NIWA). The apex court’s ruling, delivered on Friday, January 5, brings an end to the protracted legal battle between the Federal Government and the Lagos State Government.
In a judgment that reinforces an earlier Federal High Court ruling, Justice John Inyang Okoro affirmed NIWA’s position as the legitimate authority overseeing Nigerian inland waterways. The verdict carries a warning to Lagos State Government, its agencies, and other states, cautioning them against engaging in regulatory activities on the nation’s inland waterways.
Justice Okoro emphasized that any attempt by states to compete with NIWA in regulatory and commercial functions within the inland waterways would constitute an infringement on the Federal Government’s constitutionally mandated resource control. The judgment serves as a significant resolution to the ongoing conflict between NIWA and the Lagos State Waterways Authority (LASWA) regarding control and regulation of inland waterways.
The crux of the matter revolves around NIWA’s assertion that the Federal Government holds exclusive jurisdiction over the regulation of inland waterways, shipping, navigation, and dredging activities within the country’s waterways and associated rights-of-way. Conversely, LASWA contended that the Land Use Act has superseded NIWA’s powers, vesting control of all land within a state in the state governor.