COURT REAFFIRMS LASG’S AUTHORITY OVER INLAND WATERWAYS

…SAYS NIWA LACKS CONSTITUTIONAL POWER TO REGULATE STATE WATERWAYS

A Federal High Court in Lagos has reaffirmed the power of the Lagos State Government to legislate and control the inland waterways within the territory of the State.

Delivering judgment in a suit filed by fishermen operating in Eti-Osa Local Government Area of the State with reference number FHC/L/CS/1098/07, Justice Saliu Saidu of the Federal High Court held that the National Inland Waterways Authority (NIWA) lacked the constitutional power to regulate inland waterways within the State, and thereby declared all licences granted the plaintiffs as null and void.

In dismissing the claims of the Plaintiffs, the Judge noted that recourse must be made to the Constitution of the Federal Republic of Nigeria (CFRN), 1999 which stipulates the extent of the power of NIWA to regulate inland waterways.

The Court considered Items 29 and 36 of the Exclusive Legislative List of CFRN and held that “Inland Waterways was not one of the items over which the National Assembly was given the power to legislate and the National Assembly did not designate the Peninsular of Lagos Lagoon as an International Waterway”.

Specifically, the Court agreed with the submissions canvassed in favour of the 2nd and 3rd defendants (Governor of Lagos State and Lagos State Government) that: “The State Government has the authority to legislate over Inland Waterways within its territory; the State Government possesses the power to grant permits and collect fees as this is a residual matter and that NIWA has no constitutional power to regulate Inland Waterways within Lagos State.”

Justice Saidu also informed that, in arriving at his decision, he relied on the recent Court of Appeal judgement in the case of LASWA & Ors vs. NIWA & Ors, adding that the claims of the Plaintiffs were not only in conflict with the provision of the constitution but that they failed to establish the identity of the land claimed.

While also refusing the claim for damages by the plaintiffs, the Court maintained that NIWA has no power to grant the said licence to them in the first place. As such, they have no right whatsoever to the land.

The Plaintiffs, Ewenla Fishermen Cooperative Society Limited, Afenifere Fish Sellers Better-Life Igbokusu, Eti-Osa Fishermen Cooperative Society Limited, Kolawole Giwa Balogun, and Alhaji Folani Oladipupo Sikiru suing for themselves and on behalf of all fishermen/women and fish sellers in Eti-Osa, had by the suit, contended that NIWA be declared as the body statutorily empowered to manage, control and regulate land interest within 100 meters of all declared Federal Waterways in Nigeria, and that the license on the right of way granted to them by NIWA is valid and subsisting.

The defendants in the suit included NIWA, Governor of Lagos State, Lagos State Government, Wemco Limited and unknown persons.

Recall that the Court of Appeal in Lagos had, in a recent judgment, upheld the power of the Lagos State Government through the State’s House of Assembly to legislate on the inland waterways within the State.