NEWS
S’Court Grants FG Full Control Over Inland Waterways
The Supreme Court has awarded the Federal Government complete jurisdiction over all national waterways, granting it the authority to impose levies and issue licenses to operators within this sector.
In a significant ruling last Friday on the appeal SC/CV/17/2018, the court emphasized that States do not possess the constitutional authority to enforce levies on enterprises operating within the nation’s inland waterways.
This appeal was presented by the National Inland Waterways Authority (NIWA), the Nigerian Maritime Standard and Safety Agency (NMSSA), the Minister of Mines and Steel Development, and the Minister of Transport.
The respondents in the case included 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 the Association of Tourist Boat Operators and Water Transportation of Nigeria (ATBOWTN), and the Incorporated Trustees of the Dredgers Association of Nigeria (DAN).
The Supreme Court concluded that it was incorrect, unlawful, and illegitimate for states to attempt to regulate the sector and impose levies.
The appeal, initiated in 2018, was advocated for by a legal team headed by the current Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN. In the pivotal judgment, authored by Justice Inyang Okoro and presented by Justice Emmanuel Agim, the Supreme Court affirmed that the Nigerian Inland Waterways Authority (NIWA) is the sole entity tasked with imposing levies and charges for utilization along designated waters.
Furthermore, the Court underscored that NIWA is the rightful and lawful Federal Government agency vested with the exclusive mandate to oversee, regulate, and manage all operations within the navigable waters and their corridors nationwide for inland navigation. These powers are delineated in Sections 8 and 9 of the NIWA Act.
In its ruling, the Supreme Court affirmed that NIWA holds the exclusive authority, as per Sections 8 and 9 of the NIWA Act, to manage and control all operations on navigable waters and their passages nationwide for inland navigation.
Moreover, the apex court supported Fagbemi, SAN, stating that the actions taken by the Lagos government and its entities were a clear violation and unlawful interference with NIWA’s statutory responsibilities.
This assertion was grounded in the understanding that the waterways of Lagos State, like those in other parts of Nigeria, are within the Exclusive Legislative List detailed in Part 1 of the Second Schedule to the 1999 Constitution.
The Supreme Court emphasized that only the Federal Government, via the National Assembly, possesses the legislative authority over Maritime Shipping and Navigation. This highlighted that the Lagos State Government lacked the jurisdiction to legislate on matters listed exclusively under the National Assembly.
Additionally, the court pointed out that the current laws did not support the arguments presented by the Lagos government regarding resource control.
It suggested that political stakeholders, including the Legislature, could explore avenues to amend the laws to address the concerns raised by Lagos and other entities regarding this issue.
The Supreme Court reinstated the March 28, 2014, judgment made by Justice John Tsoho of the Federal High Court in Lagos and overturned the July 18, 2017, decision of the Court of Appeal (Lagos Division) that had set aside the Federal High Court’s ruling.
The Appellants contended that the creation of the Lagos State Waterways Authority (LASWA) by the enactment of LASWA Law No. 14 of 2008 (LASWA 2008) by the state’s House of Assembly to oversee all aspects of the waterways in Lagos State was unconstitutional.
They argued that the inland waterways in Lagos State, not covered by the National Inland Waterways Act, fall under the legislative authority of the state’s Legislature.
In light of facing a system involving various fees imposed by both Federal Government and Lagos State agencies, the Association of Tourist Boat Operators and Water Transportation of Nigeria (ATBOWTN) and the Dredgers Association of Nigeria (DAN) pursued a case marked: FHC/L/CS/543/2012 in the Federal High Court in Lagos.
Their objective was to ascertain, based on existing laws, which level of government possessed the authority to license and impose charges on business operators within the country’s inland waterways.
In his ruling on the case dated March 28, 2014, Justice Tsoho stated that among other points, NIWA and NMSSA were the legitimate and rightful agencies with jurisdiction over the commercial endeavors of ATBOWTN and DAN. These organizations engage in water tourism, water transportation, and sand dredging activities within the national inland waterways.
Furthermore, Justice Tsoho prohibited the Lagos State Waterways Authority and the state’s Commissioner for Waterfront Infrastructural Development from continuing their attempts to regulate the commercial operations of the plaintiffs – ATBOWTN and DAN.
The decision made by Justice Tsoho was overturned on July 18, 2017, through an appeal (marked: CA/L/886/2014) filed by the Governor of Lagos State and three others.
In response to this reversal, NIWA and the three other appellants pursued the case further, bringing it before the Supreme Court. In the recent ruling delivered last Friday, the Supreme Court reaffirmed the initial judgment handed down by the high court.
A helicopter carrying President Ebrahim Raisi yencountered a “hard landing” on Sunday.
According to report, the incident took place near Jolfa, a city situated on the border with Azerbaijan, within Iran’s East Azerbaijan province, approximately 600 kilometers northwest of Tehran.
However, details regarding the incident were not disclosed.
The Associated Press noted uncertainty regarding whether bh Raisi was onboard the helicopter during the incident.
Despite rescue efforts, adverse weather conditions, including heavy rain and wind, have hindered access to the site, according to state TV.
Before the helicopter incident, President Ebrahim Raisi had been in Azerbaijan on Sunday to participate in the inauguration of a dam alongside Azerbaijan’s President Ilham Aliyev.
This dam marks the third joint construction project between the two nations on the Aras River.
Despite Iran’s diverse helicopter fleet, obtaining parts is hindered by international sanctions, with much of its military air fleet dating back to pre-1979 Islamic Revolution era.
Raisi, aged 63, is known for his hard-line stance and previously served as the country’s judiciary leader.
Considered a protégé of Iran’s Supreme Leader Ayatollah Ali Khamenei, some analysts speculate that Raisi could succeed the 85-year-old leader in the event of his resignation or demise.
The Democratic Republic of Congo’s military prevented an attempted coup on Sunday near President Felix Tshisekedi’s offices in Kinshasa, as reported by an army spokesperson.The Democratic Republic of Congo’s military prevented an attempted coup on Sunday near President Felix Tshisekedi’s offices in Kinshasa, as reported by an army spokesperson.
According to him, the plot, involving both foreigners and Congolese citizens, unfolded in the early hours outside the residence of Economy Minister Vital Kamerhe in the Gombe district, close to the president’s offices at the Palais de la Nation.
General Sylvain Ekenge announced on national television that the defence and security forces had successfully thwarted the coup attempt.
He said “An attempted coup d’etat has been stopped by the defence and security forces. The foreigners and Congolese…including their leader” would “all no longer cause any harm”.
Shots were heard near the Palais de la Nation during the attempted coup, as confirmed by various sources.
General Ekenge didn’t elaborate further on the incident, and AFP’s attempts to get additional information from official sources remain unanswered.
However by late morning, the city appeared calm.
Early social media reports suggested an armed attack on Kamerhe’s residence, with some assailants heading towards the Palais de la Nation.
“This morning, there was an armed attack at the residence of the economy minister,” wrote Japan’s ambassador Hidetoshi Ogawa on X.
He stated that Kamerhe “was not harmed, but two policemen and an assailant were killed according to sources.”
France’s ambassador reported hearing automatic weapons fire in the area and advised French nationals to steer clear of the location.
Videos circulating on social media depicted individuals in military attire at the Palais de la Nation, waving flags of Zaire, the former name of the Democratic Republic of Congo (DRC) during the regime of dictator Mobutu Sese Seko, who was ousted in 1997.
Anambra State Governor, Chukwuma Soludo, has dismissed all transition committee chairmen in the state’s 21 local government areas.
This decision was detailed in a letter titled “Expiration of Tenure and Handover to Heads of Local Government Administrations (HLGAs),” dated May 17, 2024, and signed by Collins Nwabunwanne, the state Commissioner for Local Government, Chieftaincy, and Community Affairs.
According to the letter, the directive will be effective starting Monday, May 20, 2024.
The letter read, “Following the expiration of your tenure as Transition Committee Chairman, you are hereby directed to handover the affairs of your Local Government Council to the Head of Local Government Administration (HLGA), in your respective Local Government Councils.
“This directive takes effect from Monday, 20th day of May, 2024. Thank you for your service to the state. All replies to be addressed to the Honourable Commissioner.”
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