The National Inland Waterways Authority, NIWA has called on the inland waterways operators to ignore the seven days ultimatum given by the Lagos House of Assembly concerning the Court of Appeal Judgement delivered on the 18th July, 2017 on the control of the inland water ways.
A statement signed by NIWA management stated that Lagos state do not have the power to make Laws in respect of International and Inter-state Waterways in Lagos State.
NIWA pointed out that 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 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 root 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”
Based on the judgement, the National Inland Waterways Authority has demanded that Lagos State define their Intra-state water routes.
