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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
Borgu: ‘We Must Never Normalise the Killing of Nigerians’ — Peter Obi
Peter Obi has condemned the reported killing of some Nigerians abducted in Borgu, Niger State, saying the country must never normalise the killing of its citizens.
Obi made this known in a statement released via X on Wednesday, where he described the reports emerging from Borgu as increasingly difficult to comprehend and deeply painful.
He recalled that on August 27, he had expressed his anguish over the reported abduction of about 600 Nigerians, including women, children and elderly people, alongside the killing of others.
ALSO SEE: ‘You Should Not Have to Leave Nigeria to Succeed’ – Peter Obi Tells Nigerian Youth
According to him, his anguish has deepened following continuing reports of the gruesome killing of some of those abducted, while many others remain unaccounted for.
Obi also referred to another disturbing incident in which a bandit group reportedly beheaded a Nigerian and sent his severed head to a community leader over a ₦50 million levy.
“If the reported killing was intended to increase pressure on the community and extract more money for those still being held, then we must recognise the terrible reality before us: human life is being deliberately turned into a bargaining instrument,” he said.
The former Anambra State governor said one person being killed to terrorise an entire community while others are kept alive as hostages for more ransom amounts to the systematic devaluation of human life.
“These are not statistics. They are Nigerians. They are mothers, fathers, children, brothers, sisters and elderly people,” Obi said.
He questioned how long the country would continue to accept the kidnapping of hundreds of citizens, killings, criminal levies, displacement and ransom payments as unavoidable features of Nigerian life.
Obi said insecurity also affects families, farms, businesses, education and public confidence in government.
He called for intelligence-led operations, stronger community security, rapid response, better coordination and equipment for security forces, effective border protection and sustained action against criminal networks.
“The primary responsibility of government is the security and welfare of its citizens,” he said.
“While politicians prepare for elections, Nigerians are asking for something more fundamental: the right to live.”
Obi urged the government to match prayers with action, insisting that no criminal group should determine who lives or dies anywhere in Nigeria.
“Every Nigerian life matters. Every victim deserves justice. Every community deserves protection. Nigeria must restore security, justice, and the dignity of human life,” he added
NEWS
Atiku Meets Aisha Buhari, Says Nigeria Must Become Affordable Again
Former Vice President Atiku Abubakar has called for Nigeria to become more affordable, saying families across the country are being stretched by the rising cost of basic necessities.
Atiku made the call on Wednesday after receiving former First Lady Aisha Buhari, whose visit he described as warm and deeply appreciated.
SEE MORE: 2027: Atiku, Amaechi Meet David Mark-Led ADC Leadership
According to Atiku, the visit was also a reminder of the urgent responsibility before those seeking a better Nigeria: to put the welfare, dignity and future of Nigerians first.
“Across our country, families are being stretched by the rising cost of food, transport, education, healthcare and other basic necessities,” Atiku said.
He said Nigerians deserve an economy that rewards hard work, restores opportunity and allows every family to live with dignity and hope.
“That is the Nigeria we must build together, a country that works for its people again,” he said.
Atiku added “We must ease the burden, restore hope and Make Nigeria Affordable Again.”
NEWS
‘You Should Not Have to Leave Nigeria to Succeed’ – Peter Obi Tells Nigerian Youth
Former Anambra State Governor and NDC presidential candidate, Peter Obi, has said Nigerian youths should not have to leave the country before their talents are recognised or their dreams become achievable.
Obi stated this in a statement released on Wednesday as he concluded a four-day working visit to the United States.
According to him, the visit provided an opportunity to engage with prominent personalities and discuss issues concerning Nigeria, the United States and the future of Nigeria’s youthful population.
ALSO READ: Peter Obi Backs Dangote Refinery IPO, Urges Nigerians to Invest
Obi said one of the most fulfilling parts of the visit was meeting young Nigerian professionals in the US, including doctors, lawyers, engineers, technology professionals, entrepreneurs, educators and business leaders.
He said many of them were excelling in their respective fields while remaining committed to the development of Nigeria.
“My message to them was simple: you are not outsiders to Nigeria’s future; you are an important part of it,” Obi said.
He described the knowledge, experience and innovation of Nigerians in the diaspora as “enormous national assets,” stressing the need to build a country that welcomes their contributions and provides every Nigerian with a meaningful opportunity to participate in national development.
Obi said his vision of a “New Nigeria” was one where “the son or daughter of a nobody can become somebody without knowing anybody,” adding that a person’s background should not determine their destination.
He also called for Nigeria to move from consumption to production, while investing in education, healthcare and human capital, supporting businesses, creating productive jobs and building an economy that gives young Nigerians reasons to believe in their future at home.
“Our young people should not have to leave Nigeria before their talents are recognised or their dreams become possible,” he said.
Obi also disclosed that he engaged with diaspora media, including NoireTV Network and Adeola Talks, during the visit, where he shared his views on building a more productive, secure and prosperous Nigeria.
Describing the visit as fulfilling, Obi said the work of building the country must continue.
“Our challenges are great, but our potential is greater. We have the people, the talent, and the resources to build a country where opportunity is not determined by who you know or where you come from, but by what you can contribute,” he said.
“That is the Nigeria we must build together — a Nigeria that works for everyone.
“A New Nigeria is POssible.”





