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.
Former Vice President, Atiku Abubakar has criticized the federal government’s plan to secure an additional N1.7 trillion loan through Eurobonds to cover a shortfall in the 2024 budget, describing the borrowing as unsustainable and harmful to Nigeria’s economy.
In a statement shared on Thursday via his X (formerly Twitter) handle, Atiku accused the Bola Tinubu-led administration of burdening Nigerians with debt while failing to provide clear answers about the country’s fiscal challenges.
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He also faulted the National Assembly for enabling what he called a “voracious appetite” for loans.
The former Peoples Democratic Party (PDP) presidential candidate expressed alarm over a recent World Bank report ranking Nigeria as the third most indebted country to the International Development Association (IDA), calling the development troubling.
“The recent report released by the World Bank, showing Nigeria as the third most indebted country to the International Development Association (IDA), is very concerning,” Atiku stated.
He raised further concerns about the government’s decision to benchmark the proposed loan at an exchange rate of 1 USD to N800, despite the Central Bank of Nigeria’s official rate being over N1,600.
“What makes this particular loan proposal even more concerning is that it is benchmarked at the exchange rate of 1 USD to N800, whereas the current exchange rate from the Central Bank of Nigeria stands at over N1,600 to 1 USD,” he said.
Atiku questioned the need for additional borrowing, given the government’s earlier claims of record-high revenue collection.
“In July this year, Tinubu boasted that the FIRS and Customs under his watch had collected all-time high revenues to finance the budget. Why are they still borrowing?” he said
He accused the government of a lack of transparency, describing the borrowing spree as detrimental to Nigerians already struggling under economic hardship.
“There is something that they are not telling Nigerians, even as they are being crushed by a combination of their failed trial-and-error policies and loan rackets.”
Atiku also referenced a report by BudgIT, a budget monitoring group, which criticized the 2024 budget for its inefficiencies.
He alleged that corruption, rather than infrastructure or development needs, was driving the government’s borrowing decisions.
“These loans are powered by corruption and not for infrastructure and development needs. This voracious appetite for humongous loans is deeply concerning,” he said.
Reflecting on Nigeria’s financial history, Atiku lamented the return to significant foreign indebtedness just years after former President Olusegun Obasanjo’s administration cleared the country’s debt.
“It is agonizing to see that just a few years after the Obasanjo administration took us out of foreign indebtedness, we are today back at the top spot in the same conundrum,” he stated.
He called for a more cautious approach to borrowing, urging the government to prioritize fiscal responsibility and transparency to avoid worsening Nigeria’s economic challenges.
The International Criminal Court (ICC) has taken a historic step, issuing arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant.
The charges include crimes against humanity and war crimes allegedly committed during Israel’s recent assault on Gaza.
In a detailed statement, the ICC accused the Israeli leaders of “intentionally and knowingly depriving the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity.”
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The ICC’s move marks a significant escalation in international scrutiny of the Israeli-Palestinian conflict. Netanyahu and Gallant are alleged to have orchestrated policies that caused severe harm to the civilian population in Gaza, leading to widespread condemnation from human rights organizations.
Alongside the charges against Israeli officials, the ICC also issued an arrest warrant for Hamas military commander Mohammed Deif. Deif has long been a central figure in Hamas’s military operations. Israel’s military claims to have killed him in a July airstrike, although this has not been independently verified.
The warrants highlight growing calls for accountability amid the ongoing conflict in the region. The ICC’s actions are likely to provoke heated debate and may complicate diplomatic efforts aimed at resolving the crisis.
With the warrants issued, global attention now turns to how the international community will respond and whether any practical steps will be taken to enforce them.
Governor Monday Okpebholo of Edo State has inaugurated a 12-member committee tasked with recovering government vehicles reportedly in private hands.
The committee, led by Kelly Okungbowa, has been given a two-week mandate to retrieve the vehicles and ensure their return to the state government.
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Speaking during the inauguration ceremony in Benin City, Governor Okpebholo emphasized the importance of accountability in the management of public resources.
He urged the committee to carry out its assignment thoroughly and within the bounds of the law.
In his response, Okungbowa expressed gratitude to the governor for entrusting the team with the assignment, vowing to deliver results within the stipulated timeframe.
“A lot of vehicles used by the past administration are missing, as those in custody of the vehicles have refused to return them,” Okungbowa said.
“The governor deemed it fit to inaugurate us today with a mandate to recover all government vehicles in private hands.”
The committee, which includes representatives from Edo’s three senatorial districts, is set to investigate and recover the vehicles based on credible intelligence already at their disposal.
“We already have vital information regarding some persons still holding government vehicles,” Okungbowa stated. “We will do the job according to the law, and both the government and the people will be satisfied with the outcome.”
He also called on members of the public to assist the committee by providing information about any government vehicles that may still be in private possession.
“We want to appeal to members of the public who might be aware of anyone still keeping government vehicles in their houses to please inform us to enable the committee to recover such for the Edo State Government,” Okungbowa said.
The committee’s vice chairman, Rt. Hon. Victor Edoror, a former Speaker of the Edo State House of Assembly, will work alongside other members to ensure the success of the initiative. The public can reach the committee at 08110165121.
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