Court Reaffirms Lagos Govt’s Authority over Inland Waterways

Says NIWA lacks constitutional power to regulate state water ways Lagos judiciary to commence new legal year Monday

A Federal High Court in Lagos has affirmed the power of the Lagos State Government to legislate and control the inland waterways within the territory of the State.

The court, in a judgment Friday on a suit with reference number FHC /L/CS /1098/07 filed by fishermen operating in Eti-Osa Local Government Area of the State, held that the National Inland Waterways Authority (NIWA) lacked the constitutional power to regulate inland waterways within the State, and thereby declared all licences granted the plaintiffs as null and void.

The Court of Appeal in Lagos had, in a recent judgment, upheld the power of the Lagos State Government through the State’s House of Assembly to legislate on the inland waterways within the State.

Plaintiffs in the suit before the Federal High Court - Ewenla Fishermen Cooperative Society Limited, Afenifere Fish Sellers Better-Life Igbokusu, Eti-Osa Fishermen Cooperative Society Limited, Kolawole Giwa Balogun, and Alhaji Folani Oladipupo Sikiru suing for themselves and on behalf of all fishermen / women and fish sellers in EtiOsa had filed the suit asking that NIWA be declared as the body statutorily empowered to manage, control and regulate land interest within 100 meters of all declared Federal Waterways in Nigeria, and that the license on the right of way granted to them by NIWA is valid and subsisting.

It was also contended by the plaintiffs that any license granted by the Lagos State Government over the declared federal waterways in particular, Peninsular of Lagos Lagoon was ultra vires, illegal and of no effect whatsoever.

The defendants in the suit included NIWA, Governor of Lagos State, Lagos State Government, Wemco Limited and unknown persons, according to a release issued by Assistant Director, Public Affairs, Ministry of Justice, Mr. Kayode Oyekanmi.