Ignore Lagos state 7 days ultimatum, NIWA tells stakeholders

Harboursandport.com: Lagos --- The National Inland Waterways Authority (NIWA), has told all stakeholders to ignore the 7 day ultimatum issued by the state government concerning the recent judgement by Dr. Hussein Mukhtar, Justice Court of Appeal.

NIWA noted that from the judgement, does not empower the Lagos State Government to legislate over international, tidal, intra-coastal and/or inter-state waterways but for only inter-state waterways.

Inter-state waterways are such waterways that originate and end within a State. 

Managing Director of NIWA, Boss Mustapha

The Lagos State Government issued the seven-day ultimatum to boat operators, dredgers and other stakeholders in inland waterways to comply with all laws, rules and guidelines guiding their operations. The state Attorney-General and Commissioner for Justice, Mr Adeniji Kazeem, who gave the ultimatum at a news conference in Lagos, said that erring operators would face sanction.
A statement by NIWA reads: Lagos State House of Assembly in line with the Court of Appeal Judgement delivered on the 18th July, 2017 do not have the power to make Laws in respect of the following International and Inter-state Waterways in Lagos State: 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.- Item 5, 2 nd Schedule, Section 10 of National Inland Waterways Authority Act. Cap N.47, LFN 2004. 

The judgement as per Dr. Hussein Mukhtar, Justice Court of Appeal 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).” “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” DR. HUSSEIN MUKHTAR JUSTICE, COURT OF APPEAL The National Inland Waterways Authority demands that Lagos State defines their Intra-state water routes in Lagos State. 

SIGNED 

NIWA MANAGEMENT