The National Inland Waterways Authority, NIWA has charged Lagos State to define their Intra-state water routes in Lagos State based on the Appeal Court judgement.
Speaking during a stakeholders meeting at the Protea Hotel in Lagos on Wednesday August 2, the area manager, Lagos Zone of NIWA, Engr. Muazu Sambo explained that the Appeal Court judgement granted Lagos State power to legislate on intra-state waterways, which the state do not have.
He maintained that all bodies of waterways in Lagos State are either international, tidal, intra-coastal and/or inter-state waterways.
Sambo while urging operators in the inland waterways business to go about their normal business without fear of harassment, assured them that NIWA will not fold her arms and allow them to be harassed by the Lagos state government.
He explained further that some people may be wondering why NIWA approached the Supreme Court on the matter if the case at the Appeal was in its favour.
Sambo stated that NIWA decided to approach the Supreme Court based on the issue of the illegality of the Lagos State Waterways Authority, LASWA which he said the Appeal Court was silent on and which was an issue at the lower court, including the advice of the attorney general of the federation on the matter.
NIWA area manager Lagos said that no state house of assembly has the power to repeal the federal law and replace it with a state law.
He noted that this is what Lagos state did in the law setting up LASWA.
He assured the operators that the minister of police affairs will not disposed to allow the federal police to be used by the Lagos state government to enforce impunity.

NIWA area manager said it will not allow what happened in 2008 to happen again, where many of the operators were driven out of business by Lagos state and as a result of that, many of them and their dependents died and some suffered untold hardship.
Lagos is a state in Nigeria and cannot claim to be bigger than the country, he said.
He assured the operators that the managing director of NIWA, Boss Mustapha has promised not to leave any stone unturned in ensuring that justice is done in the matter by ensuring that the operators are not strangulated by Lagos state.
He noted that the problem the operators have basically on the issue is that of multiplicity of taxes, adding that even the sand itself is a solid mineral mined from the water where the ministry of solid minerals is also part of.
He said:” is unfortunate that after Lagos will go to Abuja to collect their monthly federal allocation which is part of the revenue generated by NIWA from the same operators, the same Lagos will also turn back to task the same operators again through LASWA, NIWA will not allow this to happen”.
Sambo advised the boat operators to ensure that they always have functional life jackets on their boats, to always be up till date on tariff with NIWA, obey their rules and regulations by ensuring compliance.
According to NIWA, Lagos state do not have the power to make Laws in respect of Intra-coastal route from Badagry, along the Badagry Creek to Lagos through Lagos Lagoon to Epe, Lekki Lagoon to Iwopin, along Omu Creek, Talifa Kivei to Atijere, Akata, Aboto, Oluwa River to Okitipupa and onto Gbekebo, Arogbo, Ofunama, Benin Creek to Warri. Also the canal running from Araromi through Aiyetoro, Imelumo to Benin River and from Aiyetoro through Mahin Lagoon to Igbokoda based on Item 5, 2nd Schedule, Section 10 of National Inland Waterways Authority Act. Cap N.47, LFN 2004.
The Appeal Court judgement delivered by Dr. Hussein Mukhtar which copies were circulated by NIWA at the event reads: “The required declaration for inland waterways under the exclusive legislative list is made under section 10 of the National Inland Waterways Act, which includes rivers and intra-coastal waterways specified in the Second Schedule to the National Inland Waterways Act, which have been declared as Federal navigable waterways. Section 11 thereof provides that all navigable waterways, inland waterways, river-ports and internal waters of Nigeria, excluding all direct approaches to the ports listed in the Third Schedule to this Act and all the other waters declared to be approaches to ports under or pursuant to the Nigerian Ports Authority Act, up to 250 metres beyond the upstream edge of the quay of such ports, shall be under the exclusive management, direction and control of the Authority. Item 5 in the Second Schedule to the National Inland Waterways Act is the relevant provision for the navigable route that falls under the exclusive legislative list and it provides as highlighted above. This route runs through international and states boundaries and is therefore consistent with the provisions of the Constitution being an item on the exclusive legislative list. Revenue accruable from this Federal route is payable to the Federal Waterways Authority (NIWA).”
The judgement reads further: “It is hereby held that the Lagos State House of Assembly is competent to make laws in respect of the intra-inland waterways in Lagos State except the Inter-State waterway declared as International or Interstate Waterway under Item 5 in the 2nd Schedule to the National Inland Waterways Act”
Meanwhile, some of the operators that were present at the event observed that the Lagos state government want to create crisis on the waterways.
They stressed the need for the operators to close rank and work together for a common purpose.
The stakeholders observed that the target of Lagos state government on the long run are the shorelines, where most of the hotels are built with the target of making huge amount of money from them and others.