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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.
NEWS
Ibadan Funfair Tragedy: Former Ooni’s Wife, Others Remanded Over Stampede
A Chief Magistrate’s Court in Iyaganku, Ibadan, has ordered the remand of Naomi Silekunola, the former wife of the Ooni of Ife, along with Oriyomi Hamzat, the CEO of Agidigbo FM, and Abdullahi Fasasi, the Principal of Islamic High School, at the Agodi Correctional Centre.
The trio was arraigned on Tuesday in connection with the recent tragic stampede that occurred during a Christmas funfair at Islamic High School, Bashorun, Ibadan.
The incident, which claimed the lives of 35 children and injured six others, has drawn widespread public and legal attention.
Presiding over the case, Chief Magistrate Olabisi Ogunkanmi issued the remand order following charges brought against the defendants. The police prosecutor stated that their alleged offences contravened Section 324 of the Criminal Code, Cap. 38, Vol. II, Laws of Oyo State, 2000.
READ MORE: States Tighten Measures To Prevent Stampedes At Events
The prosecution accused the defendants of being involved in the organization of the event, which turned disastrous, leading to the stampede. Pending legal advice from the Oyo State Director of Public Prosecutions, the court directed their detention at the correctional facility.
The court session, held amidst heavy security, attracted significant public interest. Law enforcement officers were seen providing tight security as the suspects were escorted to and from the courtroom.
Further updates on the legal proceedings are expected as investigations continue.
NEWS
Labour Kicks Against N935/Litre Petrol, Wants More
A cry has gone out for further reduction of the pump prices of premium motor spirit (PMS) in Nigeria to reflect local domestic production of refined products.
The Nigeria Labour Congress (NLC)has urged further reduction in the pump price of Premium Motor Spirit (PMS) otherwise known as petrol, insisting that the recent drop in price to N935/litre was begging the situation.
Recall that the Dangote Petroleum Refinery in partnership with MRS recently announced a reduction in petrol price to N935/litre.
Before the announcement, the commodity sold for over N1,030/litre in Lagos and environs, while it cost more than N1,060/litre in Abuja and Northern states.
ALSO READ: CSOs Urge Further Reduction Of Pump Prices Of Petrol
In a swift reaction, on Sunday, the Independent Petroleum Marketers Association of Nigeria (IPMAN) said its members would be selling petrol at N935/litre from Monday based on the latest arrangement with the Dangote Petroleum Refinery.
IPMAN’s National President, Maigandi Garima,, according The Punch, said the reduction in Dangote refinery’s ex-depot price for petrol and the uniform arrangement being put in place, would enable marketers to sell at N935 in their outlets nationwide.
They had set aside N36/litre as cost of logistics.
However, the announcement did not excite the NLC, which insisted on Monday that the cost of petrol should drop further.
A senior official of the NLC, Chris Onyeka, unequivocally rejected any commendation for the Federal Government and the Nigerian National Petroleum Company Limited (NNPC Ltd) over the recent reduction in the pump price of petrol.
He argued that the current pricing mechanism does not reflect the true cost of the commodity, according to The Punch.
“Do you want us to clap for them? How can we be okay with a price of N935/litre of PMS? This is not the right price for PMS. You cannot base the price on imported products when we have refining capacity in Nigeria,” he said.
He argued that the costs embedded in the current pricing framework — including foreign labour, freight charges, insurance, logistics, and profits accrued abroad — unfairly burden Nigerians.
“Products are refined in Nigeria, yet the price you give Nigerians is based on imported products. Why should we applaud that? It is akin to someone stealing your money and returning only part of it, then expecting you to clap. We cannot applaud this,” he stated.
Onyeka stressed that the only way to ascertain the correct price of PMS is by determining the actual cost of refining it domestically.
“We need to know how much it costs the NNPC to refine a litre of PMS in our local refineries, such as the Port Harcourt refinery. That is the price Nigerians should be paying,” he emphasised.
He called on the government to prioritise the welfare of Nigerians by ensuring that fuel pricing aligns with local realities.
“This country belongs to all Nigerians. Let the government do the right thing that allows Nigerians to breathe. Let the poor breathe.
“The NLC’s position underscores growing discontent among Nigerians over the rising cost of living, with fuel prices being a major contributor to inflation and economic hardship,” he stated.
NEWS
No Regrets On Subsidy Removal, Tax Reforms To Continue – Tinubu
President Bola Tinubu, during his first Presidential Media Chat aired on the Nigerian Television Authority on Monday, reaffirmed his administration’s commitment to the ongoing tax reforms and subsidy removal, maintaining that the measures are essential to securing Nigeria’s economic future.
The tax reforms, designed to eliminate colonial-era practices and widen the tax net, have faced significant resistance from some quarters, particularly from northern lawmakers and governors. Despite this, Tinubu declared, “Tax reform is here to stay. We cannot just continue to do what we were doing yesteryears in today’s economy.”
The reforms, encapsulated in four bills transmitted to the National Assembly, aim to streamline taxation and revenue generation.
However, critics, including Borno State Governor, Babagana Zulum, have argued for caution. “The Petroleum Industry Bill took almost 20 years before it was finally passed. This tax reform bill is being transmitted and receiving legislative attention within a week. It should be treated carefully and with caution,” Zulum said in an interview with BBC.
Despite calls for broader consultations and delays, Tinubu emphasized the pro-poor nature of the reforms, noting that the vulnerable would not be taxed. “The essence of the tax reform is to eliminate colonial-based assumptions in our tax environment,” he stated.
READ MORE: President Tinubu Set For First Nationwide Media Chat Tonight
No Regrets Over Subsidy Removal
Addressing the economic hardship resulting from the removal of the petrol subsidy, Tinubu defended his decision as necessary to prevent Nigeria from “spending its future.” He dismissed the notion of a phased removal, stating, “Phased removal is part of unnecessary fear. No matter how you cut it, you still have to meet the bills.”
The President highlighted the benefits of subsidy removal, pointing out that the policy had curtailed smuggling and freed up resources for more productive uses. “There is no way that you give out fuel and allow all the neighbouring countries as Father Christmas. I don’t have any regret whatsoever in removing the subsidy,” he said.
Tackling Inflation and Corruption
Tinubu also discussed his administration’s strategies to reduce inflation, emphasizing local production and import reduction. “If one produces more for consumption locally, stop imports, give a reasonable level of funding and assistance… we have what it takes,” he explained.
On corruption, the President cited increased earnings for workers and stricter oversight by anti-corruption agencies as key measures. He pointed to the recent seizure of hundreds of properties reportedly owned by a former Central Bank Governor as evidence of his administration’s efforts. “Part of the anti-corruption is removal of subsidy. It is very difficult to eliminate but you reduce it to the barest minimum,” Tinubu stated.
Food Stampedes and Governance
The President expressed condolences over recent tragic stampedes during food distribution events, attributing the incidents to poor organization by event planners. “If you don’t have enough to give, don’t attempt to give or publicize it,” he warned.
Tinubu concluded by reaffirming his commitment to efficient governance and economic reforms, stating, “The hallmark of a good leader is the ability to do what you have to do at the time it has to be done.”
The reforms continue to spark nationwide debates, with stakeholders divided over their potential long-term impacts.