A Lagos based lawyer, Olajide Ajana has lauded the Supreme Court’s judgment reaffirming the authority of the Federal Government (FG) through the Nigerian Inland Waterways Authority (NIWA) and the Nigerian Maritime Administration and Safety Agency (NIMASA) to control the inland waterways.
Recall that the FG and Lagos State government have been in a legal battle on who has regulatory rights over the nation’s waterways.
But recently, the Supreme court ruled in favour of FG and NIWA.
Justice Okoro, in a judgment delivered in Abuja, validated an earlier ruling by the Federal High Court in suit number FHC/CS/543/2012, which pronounced NIWA as the authentic authority over Nigerian inland waterways and advised Lagos State Government and its agencies and any other state in the country to stay away from regulatory activities on Nigeria inland waterways.
The lawyer, in his reaction, explained that the Supreme Court has transferred the control of activities on the nation’s inland waterways including levying, licensing operators in the sector to the FG and its agencies.
“The existing law gives exclusive control of activities in the nation’s inland waterways to the FG through its agencies. NIWA is the only agency of the Federal Government with power to exclusively manage, direct and control all activities of the navigable waterways, according to Sections 8 and 9 of NIWA Act,” he said.
The lawyer recalled that the appeal was filed by the government agency and prosecuted by the present Attorney General of the Federation (AGF), Lateef Fagbemi (SAN).
“The Supreme Court agrees with Fagbemi’s argument that NIWA is the only agency that is saddled with the responsibility to levy, impose, and share the rate of utilisation of inland waterways authority,” he recalled.
Ajana noted that the implication of the Supreme court judgment is that all those titles that were issued by Lagos State government to a Nigerian monarch, Oba Saheed Elegushi and other people are null and void.
“The supreme court’s decision in this case has rendered null and void all the Lagos state titles issued to Oba Elegushi over inland waterways,” he argued.
The lawyer also said that the acquisition of lands with fake titles through dredging companies; Elcathay Dredging Company Nigeria Limited and Blue Bay Estate and Marina were through political influence was immoral and unlawful.
“We want to enlighten the general public and investors that the land does not belong to Oba and the State government cannot issue title as the rightful person to issue title in the waterways areas is the Federal government through its agency, NIWA.
“So, Lagos State government has been excluded completely from issuing Certificate of Occupancy (C of O) or any titled document in respect of lands that are in the waterways,” he said.
