In a verdict delivered last Friday, the Supreme Court has unequivocally granted the Federal Government full control over the country’s inland waterways.
This landmark decision, stemming from an appeal filed by the National Inland Waterways Authority (NIWA) and other key entities, dismantles states’ constitutional rights to impose levies and asserts NIWA as the singular agency with the authority to levy and license operators in this critical sector.
The Supreme Court, led by Justice Inyang Okoro and Justice Emmanuel Agim, ruled that states’ attempts to control and levy businesses in inland waterways were not only wrong but also deemed unlawful and illegal.
The court emphasized NIWA’s exclusive mandate, as outlined in Sections 8 and 9 of the NIWA Act, to manage and oversee all activities on navigable waters across the nation.
This ruling effectively overturns the 2017 Court of Appeal decision, restoring the 2014 Federal High Court judgment that restrained the Lagos State Waterways Authority from regulating commercial activities such as water tourism, water transportation, and sand dredging.
Crucially, the Supreme Court underscored that maritime shipping and navigation fall under the Exclusive Legislative List, granting exclusive legislative powers to the Federal Government through the National Assembly.
The judgment highlights the necessity of legislative amendments to address concerns over resource control raised by Lagos and other states.
