NIWA Has Exclusive Rights Over Inland Waterways – Supreme Court

The Supreme Court has restored the licensing and control of all inland waterways and their inherent economic potential across the country to the National Inland Waterways Authority (NIWA).
LEADERSHIP reports that NIWA and the Lagos State government have a running battle over who controls the inland waterways and its huge economic potential, leading to legal battles between the federal and state government.

However, a ruling by the Supreme Court on Friday, written and delivered by Hon. Justice John Inyang Okoro, validated an earlier Federal High Court ruling, FHC/CS/ 543/ 2012, which pronounced NIWA as the authentic authority over Nigerian inland waterways.

The court, however, advised Lagos State government and its agencies and any other states in the country to stay away from regulatory activities on Nigerian inland waterways.
Justice Okoro held that any attempt to compete over regulatory and commercial functions with NIWA on Nigerian inland waterways will amount to pursuing resource control, which constitutionally rests with the federal government of Nigeria.

Justice Okoro insisted that the apex court would not be drawn into the argument of resource control, insisting that such extensions belong to politicians, who have the power to amend the construction.
He stated further that until the applicable sections of the Nigerian constitution are amended, the court will restrict itself to its duty to interpret the law as it is.

Speaking on the Supreme Court judgement, the managing director of NIWA, Bola Oyebamiji, said NIWA was established to harness the potentialities of the sector and that the apex court ruling has now given teeth to it.

“This judgement has come at a time President Tinubu gave directives to maximise the benefits of the sector in all the ways it will enhance the economy and empower Nigerians. With President Tinubu’s determination to open up the economy through the newly created Ministry of Marine and Blue Economy under the leadership of Mr Adegboyega Oyetola as the minister, this judgement will bolster our efforts and help to facilitate the processes of developing the sector,” Oyebamiji said.

The NIWA helmsman went on to explain that the judgement is about consolidation of water transportation, tourism and sundry economic empowerment of the people, and not about who won the case.
“This is not about who owns what or who won or lost. This is about Nigeria and Nigerians benefitting from our God-given endowment. It is about the common good and rebuilding the sector for greater opportunities.

“A nation cannot be blessed with a navigable coastal line without exploring and maximising the benefits for the good of all. So, this is not about a court victory. This is about the greater good and the need for us to explore the potential of our inland waterways for the benefit of our people.

“If we put to good use Nigeria’s potential in the coastal areas in the area of transportation, for instance, it will reduce the pressure on our roads and improve citizen interaction,” he stated